In a significant move, the Federal Board of Revenue (FBR) has empowered the Directorate General of Law and Prosecution to handle all matters related to court proceedings and investigations in criminal cases. This step comes as the FBR proposes comprehensive amendments to the Customs Rules, 2001 through an SRO.960(I)/2023.
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Under this new procedure, the Directorate General of Law and Prosecution, along with its Regional Directorates, will take charge of various legal matters, including the preparation of challans, legal documentations, and effective presentation of cases at all legal forums, such as Special Judge, Special Appellate Courts, High Courts, and the Supreme Court of Pakistan.
The specialized formation, the Directorate General of Law and Prosecution, will be responsible for conducting investigations in cases where First Information Reports (FIRs) have been lodged, as well as handling prosecutions resulting from FIRs lodged in cases of seizures and contraventions at ports, airports, and border customs stations.
Additionally, the agency will monitor references filed before High Courts and appeals before the Supreme Court of Pakistan. It will maintain coordination with Special Prosecutors, propose competent advocates’ names for forming a panel of Advocates, and monitor their performance before all legal fora.
Upon receiving FIRs lodged by field formations, the Directorate of Law and Prosecution will conduct thorough investigations and prepare challans within the stipulated period as mentioned in the relevant provisions of the Code of Criminal Procedure, 1898.
Furthermore, when orders are received from the Special Judge, Special Appellate Courts, High Courts, or the Supreme Court of Pakistan, the Legal Committee, comprised of specific members, will analyze the feasibility of filing an appeal or implementing the order. Recommendations will then be submitted to the Director of Law and Prosecution for a final decision.
To ensure transparency and proper handling of evidence, the authorized officer will be responsible for the retention and safe custody of seized property or samples for production before any court of law.
The Director of the Directorate of Law and Prosecution will be responsible for maintaining scanned copies of records and reporting on the performance of Special Prosecutors and Panel Advocates referred by the Collectorates/Directorates.
This empowering move by the FBR aims to streamline legal procedures, enhance accountability, and strengthen the judicial process concerning customs-related cases.
