LAHORE: The Customs Appellate Tribunal has dismissed an appeal filed by Muhammad Habib, a resident of Bannu, and others against the Additional Collector (Adjudication) Collectorate of Customs Faisalabad.
Omer Arshed Hakeem, Member Judicial Bench-II, declared in the judgement that respondent, Customs Department, failed to produce documentary evidence and establish their case therefore existence of factum of smuggled nature of impugned vehicle stands washed away.
He further remarked that appeal is accepted and impugned order is set aside. Resultantly, the impugned truck be released unconditionally to its lawful owner.
According to the brief history of the case, the staff of the Customs ASO Mianwali intercepted a truck with registration No: C-9641 Bunnu. The driver failed to produce documents to prove the lawful possession of the truck.
The vehicle was sent for Forensic Laboratory test which verified some technical fault in the chassis number. So the truck was seized.
After a show cause notice, the adjudication heard the case and ordered confiscation of Hino truck under certain laws. Being aggrieved from the order, the appellant filed an appeal before the Collector of Cuotoms (Appeals) but the order was passed against the appellant.
The appellant challenged the impugned order before the Customs Appellate Tribunal on the grounds that impugned order is arbitrary and without considering the record of the case. He further said the chassis number is not tampered and prayed for the release of the vehicle. On the other side, the department denied all the allegations and appealed for the dismissal of the case.
After hearing arguments from both sides, the Customs Appellate Tribunal passed the order to release the vehicle to its lawful owner.
