LAHORE: The Customs Appellate Tribunal has set aside an Order-in-Original in an impounded Hino Ranger truck. The appeal was filed by Abdul Ghani, a resident of Khyber Agency, and Maqbool Ahmed against Collector of Customs, Customs House Lahore.
Muhammad Shabbir Gujjar, Member Judicial, examined the record and heard all arguments from the appellant and the respondent sides. The tribunal passed the judgment by setting aside the impugned order and directed the respondent to release the vehicle to the appellant unconditionally.
According to the details of the case, staff of the Customs Intelligence and Investigation intercepted a foreign origin iron and steel loaded container. On demand, driver of the vehicle introduces himself as Abdul Ghani and he 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, adjudication proceedings were culminated and Order-in-Original was passed with the remarks that the impounded truck be released on the payment of redemption fine equal to 10 percent of the assessed value of the impounded vehicle.
Being aggrieved from the order, appellant filed the appeal before the Customs Appellant Tribunal and challenged the Order-in-Original. The counsel for appellant argued before the Tribunal that the ONO was passed in a mechanical fashion and without the consideration of facts about the case. On the other side, respond side produced the documents and appealed for the quashment of the case.
After hearing arguments from appellant and respondent sides, Customs Appellate Tribunal decided the case by ordering the department to release the vehicle to its lawful owner unconditionally.
