Section 43
Power To Use Maximum Force
(1) If any person attempts to export or import any goods through any route other than that prescribed pursuant to Section 3, the Customs Officer or the employee of the Customs Office authorized by him or her or the competent government employee may stop such person.
(2) If, while trying to stop such person pursuant to Sub-section (1), such person manhandles or uses force, the Customs Officer or such employee shall request and convince such person not to do so.
(3) If, despite the request and convincing pursuant to Sub-section (2), that person does manhandling or uses force, the Customs Officer or such employee may arrest him or her.
(4) If, while trying to make arrest pursuant to Sub-section (3), that person uses force or tries to escape or go away and cannot be arrested for the time being, the employee deputed for security on the spot may, by order
of such Customs Officer or competent authority for his or her security and for the observance of duties, first make an aerial firing and then open fire in such a manner as to cause a minimum of loss provided the situation cannot be
controlled despite such firing or the person using force has also a weapon.
(5) An employee of the Customs Office may order any person who makes movement by a motor vehicle through the route prescribed under Section 3 to stop, or cause to be stopped, such motor vehicle, as well. If such person
does not carry out such order but manhandles or uses force and attempts to take away or takes away such motor vehicle without getting it examined, the employee deputed for the security of customs may, by order of the Customs
Officer, open fire at the tyre of such motor vehicle in such a manner as to cause a minimum of loss.
(6) If it is necessary to open fire pursuant to Sub-section (4) and (5), the Customs Officer or the authorised person shall give by faster means the information of that matter to the Director General or the Concerned Chief District Officer