KARACHI: Customs Adjudication-II Collector Ahmed Mujtaba Memon has issued Order-in-Original (ONO) against the importer AZ Corporation and clearing agent LJ Corporation in their alleged involvement in smuggling of alcohol beverages of assorted brands in garb of 18 rolls of Test Liner Recycle Liner Paper.
According to details, the importer AZ Corporation with the active connivance of clearing agents LJ Corporation attempted to smuggle huge quantity of liquor including 3340 bottles of black label, 1030 bottles of red label, 993 bottles of white & Mac, 298 bottles of Kattos, 181 bottles of Vodka, 260 bottles of Cordier, 212 bottles of Grant, 1 bottle of Medoc, 4 bottles of Listel, 141bottles of Chivas and 293cases of 6816 cans of Beer Carlsberg worth Rs10.317043 million in garb of Test Liner Recycle Liner Paper in Rolls (brown), 150 GSM, width 125cm, 18 rolls net weight 19500 kilogram from UAE Origin having HS Code 4805.2400 valuing Rs636145.
Collector Ahmed Mujtaba Memon in the judgment stated that the entire record of the case, including the show-cause notice, FIR and interim challan have been submitted in the court for criminal proceedings against the accused and the detailed explanations given by the Department Representative in the case have been gone through by the Office of the Collectorate of Customs Adjudication-II.
He said further that the overwhelming evidences provided by the department and the failure of all the respondents to submit any thing in their defence despite several opportunities to present their stance into the case.
In the Order-in-Original, the Collector Ahmed Mujtaba Memon was of the view that the accused violated Section 2(s), 16, 32(I), 32(2), 79(I), 178 and 192 of the Customs Act, 1969; punishable under clauses (8),(9), (14), (45), (86) and (89) of the Section 156(1) ibid read with Section 3(1) (3) of the Import and Export (Control) Act, 1950, Section 3, 6(1) 33 and 34 of the Sales Tax Act, 1990 and Section 148(1) of the Income Tax Ordinance 2001.
The Directorate General of Intelligence and Investigation-FBR Regional Office received credible information that AZ Corporation with the active connivance of their other associates are allegedly involved in the smuggling of contraband items (beer/liquor) by mis-declaration, value and classification under the garb of import of Test Liner Recycle Liner Paper in Rolls.
During the preliminary investigation, it revealed that importer AZ Corporation filed online Goods Declaration (GD) bearing GD No KAPE-HC-118346 under sub-clause (b) of Sub-Section (1) of Section 79 of the Customs Act, 1969 in the WeBOC System through its clearing agent.
The declared description was confirmed by examination staff, posted a PICT Karachi and was assessed accordingly by the appraising staff of MCC Appraisement (East).
In the ONO, the Collector has imposed penalty of Rs 2 million on the importer AZ Corporation and Rs 0.5 million on clearing agent LJ Corporation.
In the judgment, Customs Adjudication-II Collector further directed the Directorate of Customs Intelligence & Investigation-FBR to seek advice of legal permission of the Sindh High Court (SHC) before implementing this order against the clearing agent as the respondent filed a petitioner in SHC against the federation of Pakistan.
