Section 34A: Controlled delivery
This section is inserted by Act No 15 of 2022, section 21.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
34A. Controlled delivery
(1) Where the Director-General suspects that
excisable goods being imported into Mauritius or put for
home consumption may result in the commission of an
offence under customs laws, he may, for the purpose of
identifying the persons involved in the commission of the
offence, authorise the –
(a) entry and clearance of the goods in the
same state; or
(b) seizure of the goods and their replacement
by other goods for the purpose of entry
and clearance.
(2) The exercise by the Director-General of his
powers under subsection (1)(b) shall not be a defence to any
person charged with an offence under customs laws.
(g) in section 52 –
(i) in subsection (5) –
(A) in paragraph (a), by deleting the words
“registered post” and replacing them
by the words “registered post or electronically
through such computer system as the
Director-General may approve under
section 16A of the Customs Act”;
(B) in paragraph (ca), by deleting the words
“letter of objection” and replacing them by the
words “form referred to in paragraph (a)”;
(ii) by adding the following new subsections –
(8) Where, as a result of the determination of
an objection under subsection (6), a person is entitled
292 Acts 2022
to a refund of excise duty, the Director-General shall,
subject to subsection (7), refund the amount of excise
duty at the time the notice of determination is given
under subsection (6)(b).
(9) Any refund under this section shall
carry interest, free of income tax, at the prevailing
Repo rate determined by the Bank of Mauritius.
(h) by inserting, after section 52B, the following new section –
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Questions this section answers
- Can excise officers let suspected illegal goods continue moving to catch those involved?