LAHORE: Customs Appellate Tribunal has dismissed the case of Nauman Khan, a resident of Peshawar versus Directorate of Intelligence and Investigation (FBR) Lahore, Deputy Collector of Customs (Adjudication) and Collector of Customs (Appeals), Lahore.
Member Judicial Bench-II Omer Arshad Hakeem heard the case and remarked that impugned order passed by the adjudication authority remained constant. The case has been disposed of without fresh order.
According to the details, the staff of Intelligence and Investigation intercepted a bus bearing registration No. LES-07-9999. The person sitting on the driver seat introduce himself as Nauman Khan.
On inspection, foreign origin goods were found in rear portion of the bus. About 15 passengers were available in the bus who did not claim the ownership of the said goods, therefor, they were allowed to to go.
On demand, driver failed to produce any documentary evidence in respect of lawful possession of the recovered goods. The goods were seized under section 168(1) of Customs Act 1969.
After some time, Fayaz Ahmed appeared in the office of investigation agency and claimed the ownership of seized forign origin old and used fuel tank pumps, another person Muhammad Khalid claimed the ownership of seized liquid center gun spout, Muhammad Idrees claimed the ownership of seized bath soap bar.
After issuing of show case notice, the adjudication officer heard the case and passed the impugned order that the seized goods brought into the country without payment of duties and taxes, therefor the seized goods are confiscated under claus 90 of section 156(I)of Customs Act 1969.
Appellant aggrieved from the impounged order and filed the case before Collector of Customs (Appeals) who also passed the order against the appellant.
Being further aggrieved the appellant filed the case before the Customs Appellate Tribunal on the grounds that impounged order passed in mechinical fashion without proper apprication of law, allegations against the appellant without evidence and other. The representative of department appeared before the court and denied all allegations against the impugned order.
After hearing the arguments from both parties Customs Appellate Tribunal has dismissed the case without further order.
