Home Circulars 1988 Customs Customs - 1988 This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
Return of seized documents not required by the department in Customs cases - Customs - F. No. 394/115/88-Cus. (AS)Extract Return of seized documents not required by the department in Customs cases F. No. 394/115/88-Cus. (AS) Dated 13-6-1988 Government of India Ministry of Finance (Department of Revenue) New Delhi Subject: Return of seized documents not required by the department in Customs cases - Instructions regarding. In cases in which documents are seized by the departmental officers, complaints are often received that the seized documents are retained by the department for long periods and even the documents which are not useful for the department on account of not having been relied upon in connection with any departmental or court proceedings initiated against the party are not released. The matter has been considered and it is felt that after the search of any premises the documents that are seized should be promptly scrutinised on completion of the investigations. The documents which are not incriminating in nature and which are not proposed to be relied upon in any departmental or court proceedings contemplated against the party should be identified for being returned so that valuable space is not unnecessarily occupied and responsibility for custody of such documents by the department is not taken beyond the date of issue of Show Cause notice/filing of complaint. Ministry is of the opinion that in order to avoid complaints ordinarily the department itself should take the initiative to return the documents which are not considered useful from the angle of any proceedings to be initiated against the concerned parties. 2. I am, therefore, directed to request you to examine the matter and lay down a procedure for ensuring that the seized documents, not required in connection with any departmental or court proceedings, are expeditiously returned to the parties. For this purpose the officers responsible for investigation of any case should be required to promptly scrutinize the records seized in that case for segregating the documents that are not required in connection with the departmental adjudication or of the concerned persons in connection with the prosecution for being returned to the party. For completion of this exercise, it is felt that a time limit of six months from the date of search/seizure would be adequate. You may, accordingly issue necessary instructions to the concerned staff. It is also requested that the progress made in this direction may be periodically reviewed by you. A quarterly report (in the enclosed proforma) may also be sent to the Board indicating the number and details of cases wherein the documents not relied upon have not been returned to the parties even after issue of Show Cause Notice/filing of prosecution complaints. This report may please be sent so as to reach by 10th of month following each quarter of the year. Receipt of this letter may please be acknowledged. For the quarter ending ................................... QUARTERLY STATEMENT (Return of seized documents not relied upon) Serial No. File No. of Collectorate/Customs House Date and year of seizure Date of issue of show cause notice Date of fili-ng of complaint under section 135 of Customs Act. Date of return of documents not relied upon in the Show Cause Notice or complaint filed in the court Reasons for delay/ non-return of do- cuments (1) (2) (3) (4) (5) (6) (7)
|