LAHORE: The Customs Appellate Tribunal has vitiated the impugned order in seized vehicle case which was filed by the deputy collector Customs Preventive, against Muhammad Javiad.
Omer Arshed Hakeem, Member Judicial, heard the case in details and passed the judgment with remarks that appeal stand accepted the original order survives in full statutory vigor.
As per brief history of case, the staff of Customs Anti Smuggling Origination (ASO) was intercepted a mini truck loaded with foreign origin Electric Gear Motors. On demand, the driver failed to produce legal documents regarding the legality of vehicle and the same were seized under section 2 (kk) of the Customs Act 1969.
After show cause notice, adjudication proceeding were culminated and Order in Original (ONO) was passed with remarks that seized vehicle to be released to the owner on the payment of 50,000 redemption fine and order for further appraisement of seized goods.
The appellant not satisfied with order and filed appeal before the learned collector of customs (appeals) who set aside the original order.
The department aggrieved from the order and filed the appeal before the Customs Appellate Tribunal and produced all document those showing the illegality of goods and also present arguments that the original order passed in mechanical fashion and earlier authority has ignored the fact of case. Order in Original is liable to set aside.
On the other side the respondent/ owner of vehicle produce the record and show willingness in the payment of short paid duties and taxes if the fine is reduce.
After hearing the arguments from both sides, Customs Appellate Tribunal has decided the case with remarks that appeal accepted and declared that claim of respondent is not valid.
