Controlled Delivery (Customs) Regulations, 2022Notification No. 59/2022-Cus. (N.T.) dated 12th July 2022

[YAGAY andSUN]

The Controlled Delivery (Customs) Regulations, 2022 were introduced through Notification No. 59/2022-Cus. (N.T.) dated 12th July 2022 to provide a comprehensive legal framework for controlled delivery operations within the Indian customs domain. These regulations are designed to help the Customs authorities track and manage the delivery of goods that are under investigation for illegal or suspicious activity. Controlled delivery is primarily a law enforcement tool used in cases involving illicit trade, smuggling, or narcotics trafficking, allowing authorities to monitor the shipment of goods while they are in transit.

Key Features of the Controlled Delivery (Customs) Regulations, 2022:

1. Purpose and Scope

The primary purpose of these regulations is to facilitate controlled delivery operations, ensuring that goods suspected of being involved in illegal activities (such as smuggling, narcotics, or other contraband) can be traced and monitored by the authorities. The regulations allow customs officers to intervene, control, and monitor the delivery of such goods while minimizing the risk of disrupting an ongoing investigation.

2. Legal Framework

The regulations have been issued under the powers vested by the Customs Act, 1962, and other relevant legal provisions. Controlled delivery operations typically involve collaboration between Customs authorities, law enforcement agencies, and international agencies in case of transnational smuggling or trafficking operations.

3. Definition of Controlled Delivery

Under Regulation 2, a "Controlled Delivery" is defined as the technique used in the investigation and prosecution of illicit trafficking activities, where goods, which are suspected to be illicit or involved in unlawful activities, are allowed to proceed through customs and law enforcement checkpoints under surveillance to their final destination. During this process, the authorities may track, monitor, and even intercept the goods at a later point, provided it serves to uncover the chain of trafficking and related crimes.

4. Role of Customs Authorities

Customs authorities play a key role in coordinating and managing controlled delivery operations. The regulations lay out the specific duties of Customs officers, including:

• Surveillance: Monitoring the shipment while in transit, ensuring that there are no disruptions that might alert the smugglers.
• Collaboration with Other Agencies: Involvement of law enforcement, drug enforcement agencies, and other relevant agencies when goods are suspected to be related to narcotics or smuggling.
• Seizure and Investigation: Once the goods are delivered to the intended destination and the criminal activities are uncovered, the Customs authorities are empowered to seize the goods and initiate further investigation.

5. Procedure for Controlled Delivery

The process of controlled delivery is detailed in Regulation 3. It involves the following key steps:

• Identification of Suspicious Goods: Customs authorities identify goods that are suspected of being illegally imported or trafficked.
• Approval for Controlled Delivery: The authorities must seek approval for controlled delivery from the designated authority. This may involve requesting permission from higher customs officers or law enforcement agencies.
• Monitoring and Tracking: The movement of the goods is closely monitored, and detailed records are maintained. Authorities can use surveillance equipment, such as GPS trackers, or coordinate with local agencies to ensure continuous surveillance.
• Delivery at Final Destination: The goods are delivered to their final destination, where authorities can intercept the goods and arrest the involved parties if criminal activity is confirmed.

6. Consent and Cooperation of the Importer or Consignee

Regulation 4 emphasizes that in certain cases, Customs authorities may need the cooperation or consent of the consignee or importer for a controlled delivery. If the importer or consignee is unwittingly involved in the illicit transaction, they may be required to cooperate with law enforcement during the process, although their rights and safety must be preserved.

7. Monitoring and Documentation

Customs officers must ensure that every step of the controlled delivery operation is properly documented and monitored. All relevant details about the shipment (e.g., consignee, shipment route, nature of goods, etc.) should be recorded for future investigation. This documentation also serves as evidence in any legal proceedings or prosecutions related to the case.

8. Seizure and Disposal of Goods

Once the goods reach their destination and the authorities are able to establish a link to illicit activities, the goods are seized under Section 110 of the Customs Act, 1962, and further action is taken in accordance with the law. If required, the seized goods may be destroyed or disposed of in accordance with the applicable legal provisions.

9. Timeframe for Controlled Delivery

The timeframe for carrying out controlled deliveries is defined in the regulations to ensure that goods are tracked within a reasonable period without undue delays. The authorities must complete the process within a specific timeframe, after which they may take further action under the law.

10. International Cooperation

Controlled deliveries often involve cross-border shipments, particularly in cases of narcotics, human trafficking, or international smuggling syndicates. Regulation 7 emphasizes the need for international cooperation among customs authorities and law enforcement agencies, which is facilitated under mutual legal assistance treaties (MLATs) or bilateral agreements. This cooperation ensures that customs officers can track and control goods that may cross multiple borders before reaching their final destination.

11. Training and Capacity Building

The regulations also call for the training of customs officers and other law enforcement agencies involved in controlled deliveries. This training covers not only the procedural aspects but also the legal framework, surveillance techniques, and cooperation between international agencies. It is designed to improve the efficacy and effectiveness of such operations.

12. Penalties for Non-compliance

Regulation 8 outlines the penalties for those found violating the provisions of controlled delivery operations. For example:

• Individuals or entities found to be involved in obstructing a controlled delivery operation may face penalties or criminal prosecution.
• Failure to report suspicious shipments, or the deliberate concealment of illegal goods, can lead to fines or other punitive measures under the Customs Act.

13. Jurisdiction of the Customs Authorities

These regulations empower the Customs authorities to take control over the delivery process and grant them jurisdiction over the investigation. They also allow for coordination with other agencies to pursue offenders who may be involved in broader criminal operations.

Conclusion

The Controlled Delivery (Customs) Regulations, 2022 bring clarity and structure to the management of controlled delivery operations. By empowering Customs authorities to carry out operations in cooperation with other agencies, the regulations enhance the ability to track and intercept illicit shipments while maintaining confidentiality and ensuring that criminal syndicates are dismantled. This development strengthens India's commitment to combating smuggling, illicit trafficking, and transnational crimes, providing law enforcement agencies with an effective legal framework to enforce customs regulations.

These regulations are also aligned with international best practices, ensuring that India complies with global standards in the fight against transnational crime and the enforcement of customs laws.