ISLAMABAD: Customs Adjudication Deputy Collector Ubaidullah has ordered to release gooseberry (Amla) on payment of duty and taxes leviable thereon along with a redemption fine equivalent to 30 percent of the appraised value, besides directing to release Bedford Truck against fine of Rs 40,000.
As per details, Customs Preventive deputy collector received information that an attempt would be made to smuggle gooseberry (Amla) from Dowarandi Azad Jammu & Kashmir by Bedford Truck bearing Registration No AJKA-9955.
To check the authenticity of the information in hand, a raiding party held check post at Kahutta and intercepted the same truck. A detailed search of the vehicle led to the recovery of gooseberry (Amla). At the time of occurrence, driver of the vehicle and helpers identified themselves as Muhammad Tariq, Muhammad Akmal and Attique ur Rehman produced five receipts issued by Kashmir Karwan Goods Forwarding Agency Darwandi Punch Azad Kashmir. But they could not produce any evidence, showing legal import or lawful possession of the recovered items.
Therefore, the officials impounded the truck along with recovered items and case was sent to the Customs Adjudication for further legal action. The respondents appeared and submitted an application stating that they are ready to pay the leviable duty taxes on their gooseberry. They also asked to release vehicle on reasonable fine.
Deputy Collector Ubaidullah observed that appraised value of the seized gooseberry is Rs 557,865 and there are five owners of the seized gooseberry. The value when divided over five owners, is less than the statuary limit of Rs 150,000; therefore, the violation of Section 2(S) (II) of the Customs Act, 1969, is not established.
Keeping in view the aforementioned facts, a lenient view is taken and an option is granted to the rightful owners in terms of Section 181 of The Customs Act, 1969 to redeem the same on payment of duty and taxes leviable thereon plus a redemption fine equivalent to 30 percent of the appraised value of seized goods. The deputy collector also ordered to release the vehicle by imposing Rs 40,000 fine.
