Customs Order, 2006 · As enacted · Part XII
118. Powers of arrest
Official textFrom Attorney General's Chambers, unchanged
Any officer of customs may arrest without warrant-fa} any person found committing or attempting to commit, or employing or aiding any person to commit, or abetting the commission of, an offence against this Order;
officer of customs
"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
{b} any person whom he may reasonably suspect to have in his possession any uncustomed or prohibited goods or any goods liable to seizure under this Order;
prohibited goods
"prohibited goods" means goods the import or export of which is prohibited/ either absolutely or conditionally/ by an order under section 31 or by any other written law for the time being in force in Brunei Darussalam;
{c} any person against whom a reasonable suspicion exists that he has been guilty of an offence against this Order, and may search or cause to be searched any person so arrested:
Provided that no female shall be searched except by another female with strict regard to decency.
Every person so arrested shall be taken to a police station or may be detained in the custody of a proper officer of customs.
When any person is arrested by an officer of customs/ such officer shall comply with section 33 of the Criminal Procedure Code (Chapter 7) as if he were a police officer.
A senior officer of customs has the same powers as are possessed under section 347 of the Criminal Procedure Code (Chapter 7) by a police officer not below the rank of Inspector to admit to bail any person arrested under this section.
If any person liable to arrest under this Order is not arrested at the time of committing the offence for which he is so liable1 or after arrest makes his escape, he may, at any time afterwards, be arrested and be dealt with as if he had been arrested at the time of committing such offence.
No person who has been arrested by an offi.cer of customs shall be released except on his own bond or on bail or under the special order in writing of a magistrate or a senior offi.cer of customs.
Terms defined in s 2
goods
Defined · s 2"goods" includes animals, birds, fish, plants and all kinds of movable property;
officer of customs
Defined · s 2"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
prohibited goods
Defined · s 2"prohibited goods" means goods the import or export of which is prohibited/ either absolutely or conditionally/ by an order under section 31 or by any other written law for the time being in force in Brunei Darussalam;