KARACHI: The Collectorate of Adjudication-I has issued Order-in-Original (ONO) No.545/2013-14 against Bismillah, son of Muhammad Shah, resident of Gatta Bagh Ajram Sir Garh Post Office Saranan & District Pasheen in case of seizure of smuggled/contraband goods along with Hino Truck bearing Registration No. LSA-7741 and recovered an amount of Rs14,054,750.
The case was constituted by Pakistan Coast Guards, Headquarters on 03-03-2014 and the hearing of the case was conducted by the Collector of Adjudication-1 on 7-04-2014 and made his judgment on 24 April, 2014.
According to the details, a creditable information received by the Pakistan Coast Guards that a considerable quantity of foreign smuggled goods were being transported to Karachi from Quetta through Northern Bypass near RCD Highway. Pursuant to the information, a team of Coast Guards organized special road check and alerted other mobile staff.
During the surveillance, the team of Coast Guards signaled a truck bearing registration No.LSA-7741 to stop for checking purpose, which was coming from Quetta. In course of checking, recovery of contraband/smuggled items was found, asking about the legal documents of the goods from the driver of the truck namely Bismillah, he failed to produce the same.
The smuggled goods along with truck were seized after serving a notice under section 171 of the Customs Act, 1969 for violation of Section 2 (s) and 16, punishable under Section 156(1) (8) and 89 of the Customs Act, 1969.
The team of Coast Guards after complete searching of the truck had prepared inventory of the seized goods, ‘mushirnama’ and rendered a detention receipt to driver. The seized goods along with truck were brought to Headquarters where Seizure Report (SR) was made accordingly.
During the course of preliminary investigation, it transpired that the respondent/accused person shown at Column No.6 of this seizure report, with the active connivance of each other have smuggled 1,29,163 liters of Iran Origin HSD Oil loaded on launch Abu Abdullah bearing Registration No.1201021, for its further illegal disposal in the open market at Karachi and thus have violated the provisions of Section 2(s), 16, 157(2) & 178 of the Customs Act, 1969, punishable under clauses (8), (9)& (89) of the sub-section (1) read with Sub-Section (2) of Section 156 of the Customs Act, 1969. Total value of goods were Rs14,054,750 as mentioned in SR.
Therefore, the Collectorate of Adjudication-I, in the light of above reported facts called upon Bismillah (driver) to show-cause as to why the penal action warranted under the aforementioned provisions of law.
The judgment of the Collector Syed Shahanshah Hasnain in the case stated that “I have heard both the sides and examined the record as well as written submissions. The respondent completely failed to defend the charges made in the SR/SCN. The arguments presented by the respondents during hearing and submitted in their replies carry ‘no weight’. Charges made in SR/SCN stand established. All goods mentioned in the SR/SCN are confiscated outrightly under the provision of laws as mentioned in para-1 above. As regard, the vehicle in question, it is also confiscated outrightly. Department may proceed according to the Seizure Report (SR). The case is disposed off accordingly”.
