Customs Act, 1962 Section 106 — Power to stop and search conveyances
Customs Act, 1962 · Power to stop and search conveyances
Plain-English Explanation
Overview
Section 106 of the Customs Act, 1962 grants significant powers to proper officers to stop, search, and examine conveyances (aircraft, vehicles, vessels, animals) suspected of involvement in smuggling. This provision is crucial for preventing the illegal movement of goods into and out of India, forming a key pillar of customs enforcement.
Who Does This Apply To?
This section primarily applies to:
- Proper officers designated under the Customs Act, 1962, responsible for enforcing customs laws.
- Owners, operators, and individuals in charge of aircraft, vehicles, vessels, and animals within India or Indian customs waters.
- Individuals involved in the smuggling of goods.
How It Works
The section outlines a process of search and seizure based on reasonable suspicion. The steps involved are:
- Reasonable Belief: A proper officer must have reason to believe that a conveyance is being, has been, or is about to be used in smuggling goods or carrying smuggled goods.
- Stopping & Compelling to Land: Based on that belief, the proper officer may stop a vehicle, animal, or vessel. In the case of an aircraft, the officer can compel it to land.
- Search and Examination: Upon stopping the conveyance, the proper officer is empowered to:
- Rummage and search any part of the conveyance (aircraft, vehicle, or vessel).
- Examine and search any goods in or on the conveyance or animal.
- Break open locks if keys are withheld to exercise search powers.
- Summoning & Signals: To stop a vessel or aircraft, government vessels/aircraft or authorized authorities can use international signals to order them to stop or land. Failure to comply allows them to be chased and potentially fired upon (after a warning shot).
- Stopping Vehicles/Animals: Proper officers can use all lawful means to stop a vehicle or animal. If these methods fail, the vehicle or animal may be fired upon.
Important Conditions & Exceptions
- Condition 1: The proper officer's action must be based on a reasonable belief of smuggling activities.
- Condition 2: The use of force, including firing upon a conveyance, is permissible only as a last resort when other lawful means of stopping it have failed.
- Exception: The provision regarding firing upon conveyances is subject to considerations of safety and proportionality, ensuring that it is used only in situations where the risk to human life is minimized and the potential benefit to customs enforcement outweighs the risk.
Practical Example
A customs officer at Mumbai Port receives credible information that a cargo vessel, "MV Smuggler's Dream," arriving from Dubai is carrying undeclared gold bars. Based on this information, the officer stops the vessel upon its arrival. The officer then conducts a thorough search of the vessel, including the crew cabins and cargo holds. When the captain refuses to open a locked storage compartment, the officer breaks it open. Inside, they discover 200 gold bars, each weighing 1 kg, concealed behind a false wall. The gold is seized, and the individuals involved are subject to penalties under the Customs Act. The value of seized gold is ₹130 Crore, as of current gold price.
Key Amendments
No major amendments since enactment.
No case laws found for this provision yet.
Browse all case laws →Frequently Asked Questions
Under what circumstances can customs officers stop and search a conveyance according to Section 106 of the Customs Act, 1962?
A proper officer can stop and search any aircraft, vehicle, or animal in India, or any vessel in India or within Indian customs waters, if they have reason to believe it is being used for smuggling goods or carrying smuggled goods. This belief must be based on credible information, not mere suspicion, allowing for rummaging, searching, and breaking locks if keys are withheld (Section 106(1)).
What powers do customs officers have if a vessel or aircraft refuses to stop or land when instructed under Section 106 of the Customs Act, 1962?
If a vessel or aircraft fails to stop or land after being summoned using international signals, a vessel or aircraft in government service can give chase. If the vessel or aircraft still refuses to comply after a warning shot, it may be fired upon (Section 106(2)(a)).
What lawful means can a customs officer employ to stop a vehicle or animal under Section 106 of the Customs Act, 1962, and what is the ultimate recourse?
The proper officer may use all lawful means to stop a vehicle or animal suspected of smuggling. If these means fail, the officer is authorized to fire upon the vehicle or animal (Section 106(2)(b)). This extreme measure underscores the gravity of smuggling offences.
Does Section 106 of the Customs Act, 1962, impose any time limits within which a conveyance must be searched after being stopped?
Section 106 does not specify a time limit within which a conveyance must be searched after being stopped. However, the search must be conducted reasonably and without undue delay, as prolonged detention could lead to legal challenges based on principles of fairness and reasonableness.
What constitutes 'reason to believe' that justifies stopping and searching a conveyance under Section 106 of the Customs Act, 1962?
'Reason to believe' requires more than a mere suspicion; it necessitates credible information that leads a reasonable person to conclude that the conveyance is being used for smuggling or carrying smuggled goods. This information must be based on tangible evidence or intelligence, not conjecture.
Who is considered a 'proper officer' authorized to exercise the powers under Section 106 of the Customs Act, 1962?
A 'proper officer' is an officer of customs who has been specifically designated by the Board or Central Government to perform certain functions under the Customs Act. The designation must be explicit; an officer cannot assume powers simply by virtue of their rank or position.
What are the practical implications for owners or operators of conveyances potentially subject to search under Section 106 of the Customs Act, 1962?
Owners and operators must ensure their conveyances are not used for smuggling and maintain accurate records of goods being transported. They should also be aware of their rights during a search, including the right to witness the search and receive a copy of any seizure memo prepared by the customs officers.
Key Conditions & Requirements
| Condition | Details |
|---|---|
| Reasonable belief of smuggling activity | The proper officer must have a reasonable belief that a conveyance is, has been, or is about to be used in smuggling or carriage of smuggled goods. |
| Eligible conveyances for search | The section applies to aircraft, vehicles, animals in India, and vessels in India or within Indian customs waters. |
| Powers of the proper officer | The officer can stop and search the conveyance, examine goods, and break open locks if keys are withheld, to carry out the search. |
| Summoning vessel or aircraft to stop/land | Government vessels or aircraft, flying the proper flag, are authorized to summon vessels to stop or aircraft to land using international signals. |
| Consequences of failure to stop/land | If a vessel or aircraft fails to stop or land after being summoned and a warning gun is fired, it may be fired upon. |
| Stopping vehicles or animals | The proper officer can use all lawful means to stop a vehicle or animal, and if those means fail, may fire upon it. |
Amendment History
No amendment records available for this provision.
Customs Act, 1962 Section 106 — Power to stop and search conveyances