Government of India
Ministry of Finance
Department of Revenue
Anti Smuggling Unit (CBEC)
INSTRUCTION
Room No. 503, 5th Floor, Hudco Vishala Building,
R. K. Puram, New Delhi.
Dated 16.12.2015
To
(i) The Pr. Addl. Director General,
Directorate of Revenue Intelligence (DRI), New Delhi.
(ii) The Pr. Addl. Director General,
Directorate General of Central Excise Intelligence (DGCEI), New Delhi.
(iii) All Principal Chief /Chief Commissioners of Customs,
(iv) All Principal Chief / Chief Commissioners of Customs (P),
(v) All Principal Chief / Chief Commissioners of Customs, Central Excise &
Service Tax.
(vi) Webmaster, CBEC.
Sub:- Issuance of Look Out Circulars (LOC) - reg.
Madam/ Sir,
Attention is invited to OM No. 25016/31/2010-Imm. dated 27.10.2010 (copy
enclosed for
reference) issued by Ministry of Home Affairs (Foreigners Division) wherein
guidelines regarding
issuance of Look Out Circulars (LOC) in respect of Indian Citizen and Foreigners
to concerned
agencies have been issued.
- Para 8 of the MHA’s guidelines deals with procedures of opening LOC
by Bureau of
Immigration (BoI) indicating the rank of officers of various departments and
courts who are
authorized to request BoI for opening LOC.
- In terms of para 7 (a) of the MHA’s guidelines, recourse to LOC can be
taken by investigating
agency in cognizable offences under IPC or other laws, where the accused is
deliberately evading
arrest or not appearing in the trial court despite Non Bailable Warrants
(NBWs) and other coercive
measures and there is likelihood of the accused leaving the country to evade
trial / arrest.
- Further, in terms of para 8 (h) of the guidelines, a person can be
intercepted / interrogated/baggage examined/ searched even in the case of non –cognizable offence. The
only restriction is that
the person can not be detained/ arrested/ prevented from leaving the
country.
- It is essential to have a centralized and reliable database of all LOC
requests. Therefore, all
field formations are hereby directed to route their requests for issuance of
LOC, if necessary, through
DRI (Hqrs) in cases relating to contravention of the provisions of Customs
Act, 1962 and through
DGCEI in cognizable offences under the Central Excise Act, 1944 and the
Finance Act, 1994
(Sections relating to Service Tax). However, the practice of opening LOC in
a particular Airport for
short duration may continue, as in such cases LOC is required to be opened
immediately on specific
information / inputs.
- DRI and DGCEI shall maintain a database that can be updated on real time
basis whenever
such requests are received and circulars are issued thereon.
This issues with the approval of the Board.
Encl: As above.
Yours faithfully,
(A.C. MALLICK)
Under Secretary to Govt. of India
Telefax-26177-328 /572 /543
F. No. 394/193/2015-Cus (AS)
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