LAHORE: Customs Appellate Tribunal ordered customs department to release container unconditionally to its lawful owner unconditionally. The appeal was filed by the Nauman Ahmed, a resident of Bhakkar against Collector of Customs Faisalabad.
Muhammad Shabbir Gujjar, Member Judicial Bench-I, heard the case in details and passed a judgment with remarks that after hearing case and examining record, Customs Appellate Tribunal concluded that order in original is set aside and appeal is accepted.
According to the details of case, the importer M/s Ijaz and Brothers was imported a consignment of Porcelain tea sets in container. The quantity was 1206 carton weighing 1000 kilograms from China.
On the credible information, Customs officer started audit of same consignment and ask the importer to show legal document regarding import but he failed to satisfy the department and same goods with the trailer which use for the transportation was seized by the customs officers according to the Customs Act 1969.
Adjudication proceeding were culminated and Order-in-Original was passed with remarks that goods are smuggled and confiscated according to the law.
Being aggrieved with the order, appellant challenged the Order-in- Original before the Customs Appellate Tribunal on the grounds that order in original passed in mechanical fashion without the consideration of facts, beyond the law and liable to set aside but representative of customs department denied and appeal for the rejection of said case.
After hearing arguments from both sides, Customs Appellate Tribunal decided the case in favor of appellant and set aside the Order-in- Original.
