| Date: |
16-02-2018
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| Notification No: |
Customs Instruction No. 3/2018
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| Issuing Authority: |
Indian Customs
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| Type: |
Instruction
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| File No: |
F.No. 394/21/2018-Cus (AS) |
| Subject: |
Providing the CDR & customer Details
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Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
(Anti-Smuggling Unit)
Instruction
No. 03/2018—Customs
New Delhi, dated 16th February 2018
To
All Principal Chief Commissioners/Chief Commissioners of Customs / Customs
(Preventive),
All Principal Chief Commissioners/Chief Commissioners of
Customs CGST,
All Principal Commissioners/Commissioners of Customs /
Customs (Preventive),
All Principal Commissioners/Commissioners of Customs &
CGST,
The Director General, Directorate General of Revenue Intelligence
Madam / Sir,
Subject: Providing the CDR and customer Details – regarding
It has been brought to the notice of the Board that field formations are
approaching DRI for seeking CDRs and Customer details of phone numbers from
telecom service providers.
2. This is reportedly being done as telecom
service providers are not providing these details to the field formations since
they are not a designated ‘Law Enforcement Agency’ like DRI under the provisions
of Section 5(2) of Indian Telegraph Act, 1885.
3. In view of the above,
it is clarified that field formations can obtain the SDR/CDR details directly
from telecom service providers under the provisions of Section 108 of the
Customs Act, 1962 which empowers any Gazetted Officer of Customs to summon any
person to give evidence or to produce documents. For investigation purposes, DRI
also obtains SDR/CDR details from telecom service providers under the provisions
of Section 108 of the Customs Act, 1962. Hence, field formations may not refer
such matters to DRI and seek the required details directly from the telecom
service providers under the provisions stated above.
F.No. 394/21/2018-Cus (AS)
Yours faithfully,
(Rohit Anand)
Under Secretary to the Government of India
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