LAHORE: Customs Appellate Tribunal reduced 5 percent fine of a Quetta resident Bismillah versus Customs Collectorate and Adjudication Lahore and disposed of the case.
According to details, residents of Quetta Bismillah and Nimatullah filed a case in Customs Appellate Tribunal against Superintendents of Customs (ASO), Model Customs Collectorate (Preventive) Lahore and Collectorate of Customs Adjudication Lahore.
The brief fact of the case is that Customs staff (ASO) MCC Preventive Lahore intercepted a truck bearing registration No. TLT -997 loaded with iron and steel sheet coils at Sherakot near Babu Sabu Interchange Lahore.
The drivers identified himself as Bismillah and on the demand of the customs officials, the driver produced photocopy of bilty No. 089 issued by Sitara Al-Usman Goods Farwarding agency near Sabzal Road Quetta.
The examination was conducted in the presence of the driver and other witnesses. The driver failed to produced any legal documents. Truck was detained under customs act 1969 for the further investigations. During the investigation, Nimatullah appeared in the office of Superintendent (ASO) MCC Preventive Lahore but failed to produced legal possession of goods.
Therefore, the detected iron and steel coils were seized under section 168 of customs act 1696 and truck being engaged for the transportation of smuggling goods seized under 157 (2) of customs act 1969.
The appellant Bismillah filed a case in Custom Appellate Tribunal against the impugned order of Customs Adjudication, argued that order was not on fact and figure and not justifiable, order also passed on bias not on merit, seized goods not mention in the list of notify able goods under SRO-566 section 2 (s) customs act 1969.
The customs department filed para wise comments and denied all allegations by appellant.
The Customs Appellate Tribunal heard the argument from both parties and said that the appellant failed to prove any illegality in impugned order before the judge and order to reduce 5pc fine on seized goods.
