LAHORE: The Customs Appellate Tribunal ordered the release of an impounded Hino truck to its lawful owner on the payment of 30 percent redemption fine. The appeal was filed by Rehmat Ali, a resident of Sheikhupura against the Collector Customs, MCC Faisalabad, and others.
Justice (retired) Malik Manzoor Hussasin, Chairman/Member Judicial, examined the record and heard all the arguments from the appellant’s and respondent sides. The tribunal passed the judgment with remarks that the impugned order is set aside and directed the authorities concerned to release the loader to the lawful owner.
According to details of the case, Superintendent Customs Intelligence and Investigation-FBR intercepted a used Hino truck loaded with foreign origin dyed art silk cloths. On demand, the driver of the vehicle could not produce any document regarding the lawful import of the vehicle. The customs staff took into possession the vehicle under Section 2 (kk) of the Customs Act-1969.
After the show cause notice, the adjudication proceedings were culminated and Order-in-Original was passed with remarks that the show cause notice stands established and vehicle was brought into the country via unauthorized route.
Being aggrieved from the order, the appellant filed the appeal with the Customs Appellant Tribunal and challenged the Order-in-Original. The counsel for appellant argued before the tribunal that the ONO passed was in a mechanical fashion without the consideration of facts about the case. On the other side, the respondent side produced the documents and appeal for the rejection of the appeal.
After hearing arguments from appellant’s and respondent sides, the Customs Appellate Tribunal decided the case with remarks that Order-in-Original is set aside and orders the department to release the vehicle to its lawful owner.
