Additional Collector Customs-Adjudication orders unconditional release of China-made ball bearings
Iram orders to release impounded truck to lawful owner against redemption fine of Rs 25000
ISLAMABAD: Additional Collector Customs-Adjudication Iram M Aamir has passed the Order in Original (ONO) No 41 of 2014 in the seizure case of miscellaneous goods (foreign-origin ball bearings, plastic eye glasses, solar fans and lighters).
She has released the ball bearings and lighters, barring Germany- and Japan-origin ones, unconditionally on the submission of goods declaration (GD) and production of other record by the respondent.
She, however, ordered confiscation of Germany- and Japan-origin ball bearings, plastic glasses and solar fans.
According to details, the Directorate Intelligence and Investigation Rawalpindi impounded a Mazda truck (LES-8988-12) on GT Road near Rawat Toll Plaza and recovered foreign-origin goods. The goods were booked by Five Star Goods Forwarding Agency (registered) Ganj Mandi Rawalpindi.
Truck driver, Syed Ejaz Hussain Shah Samdani, failed to produce any proof for the legal import or lawful possession of the goods. The truck was brought to the directorate for a detailed search. Subsequently, Five Star Goods Forwarding Agency Manager Muhammad Sohail showed up and said that the goods have been booked by their transport company for onward transportation/delivery to consignees in Lahore. However, he also failed to produce proof for the legal import of the loaded goods.
After a thorough search, foreign-origin ball bearings (10800 Kgs), China-made plastic glasses (14,450 pieces), solar fans (50 pieces) and lighters (73,000 pieces) were recovered. FIR No 14/2014 dated 13.06.2014 has been lodged with Police Station I&P Branch, Customs I&I Islamabad.
On June 17, 2014, Muhammad Sohail and Samiullah Shah Mehmood appeared before the deputy director (ASO) Rawalpindi and submitted photocopies of GDs. Most of the recovered ball bearings are German- or Japan-made. None of them contain ‘Made in China’ mark, which proves that the consignment is not imported from China.
Additional Collector Iram Aamir said in her judgement, “I have gone through the record of the case and have considered written as well as verbal submissions put forth by the respondent and prosecution from the forgoing facts, it is observed that the plea of respondent regarding shifting the consignment to Lahore office seems correct. There is also a possibility that workers have mixed the consignments at the time of loading. I conclude that documents supplied by respondent do not cover the ball bearings of “Japan and Germany origin”. I order for outright confiscation of the same in terms of clause (89) (90) of Section 156(1) of the Customs Act 1969 read with section 3 (3) of the Imports and Exports (Control) Act 1950. The remaining ball bearings are released to its lawful owner unconditionally…”
“The offending truck LES-8988 was used for removal of goods I am satisfied that the seized goods were not found concealed in any special designed cavities of the said truck I order to redeem the aforesaid truck to the lawful owner against a redemption fine amounting Rs 25000, in lieu of confiscation,” she concluded.
