LAHORE: The Customs Appellate Tribunal remanded instant customs appeal back to the learned collector of customs (Appeals) with direction to pass a fresh verbal order in the case of Collector of Customs (ASO) MCC Faisalabad and Superintendent Customs Anti-Smuggling Jhang against Collector Customs (Appeals), Customs House Lahore, Noor Ahmed.
Omer Arshed Hakeem, Member judicial, said in the final remarks that after hearing the case, the customs appellate tribunal has been left with no order but to set aside the impugned order and remanded back the case to the collector customs (Appeals) with direction to pass a fresh verbal order providing opportunity of hearing to both parties and receiving evidences which they may like to produce.
According to the precise facts, the staff of Customs ASO Faisalabad intercepted a smuggled mini Mazda dumper. On demand, driver produced the registration book which was examined on the spot thoroughly and the vehicle was impounded.
Then the vehicle was sent to forensic laboratory Islamabad for its chemical treatment which reported the chassis tampered.
After issuance of a show cause notice, the adjudicating authority passed the order-in-original that the vehicle be impounded in favour of the federal government under Section 156(1)89(i) of Customs Act-1969.
Dissatisfied from the order, appellant filed the case before the Collector of Customs (Appeals) who ordered handover of the vehicle to the lawful owner.
Being aggrieved from the order, appellant filed the case before the Customs Appellate Tribunal on the grounds that learned Collector of Customs (Appeals) has erred in law and set aside the order in original passed by the deputy collector of customs (Adjudication) Faisalabad.
Finally, after hearing of the case, Customs Appellate Tribunal set aside the impugned order and remanded the case back to the Collector Customs Appeals.
