ISLAMABAD: The Customs Appellate Tribunal (CAT) has set aside the decision of the Customs Appeals collector issued in a case of import of 41 mobile phones through notified route.
CAT Chairman Ghulam Murtaza Bhatti gave the order after hearing arguments. The chairman stated in the decision, “In view of the circumstances, the appeal is accepted and the order in appeal number 17/2015, passed by learned Customs Collector (Appeals), Islamabad is set aside.”
The Customs Department had approached the Customs Appellate Tribunal against the decision of Customs Collector Zulifqar A Kazmi in which the collector had given an order in favour of Miraj Khalid, who had carried 41 mobiles along while returning from Australia. The customs authorities had seized 38 mobile phones out of 41 at the Benazir Bhutto International Airport, Islamabad.
The collector had ordered allowing re-export of seized mobiles and not to term the act of import as ‘smuggling’ since the mobiles were imported from a notified route (airport).
Following the collector’s decision, Islamabad Customs Deputy Collector Naveed Rehman Bagvi filed a petition, asking the tribunal to set aside the decision issued by the collector.
The CAT chairman stated in the verdict that the seized good in such a quantity were prohibited to carry as accompanied baggage items, as provided under Rule 16 of the Baggage Rule of 2006. “The respondent did not make any true declaration as provided under Section 139 of the Customs Act, 1969. The mobile phones were brought into the country for home consumption by the way of smuggling; therefore, re-exportation is not justified.”
The tribunal further observed that the customs collector did not go through the proper record and passed the impugned order in haste.
