LAHORE: The Customs Appellate Tribunal has dismissed the appeal filed by Khalid Mehmood, a resident of Faisalabad, against Collector of Customs (Adjudication) and Superintendent, Directorate of Intelligence and Investigation, Faisalabad.
As per precise fact of the case, the staff of Customs Intelligence and Investigation intercepted a Nissan truck. On demand, the driver produced only registration book issued by the authority concerned. On further scrutiny, it was revealed that chassis number found on the registration book and the frame is different. Therefore, the truck was seized under the section 168 of Customs Act 1969.
After the show cause notice, the adjudication authority heard the truck owner and passed the Order in Original that after the examination of case it is proved that the seized vehicle is smuggled one and it is confiscated in favour of the Federal Government under section 156(1)89(i) of Customs Act 1969.
Being aggrieved from the order and the appellant filed the case before the Customs Appellate Tribunal on the grounds that the impugned order is passed in mechanical fashion and without application of judicial mind and impugned order is liable to set aside. On the other side recipient denied all allegation put by the appellant and prayed for the dismissal of the appeal.
After hearing the agreements from both sides, Omer Arshed Hakeem, Member Judicial bench-II decided the case with the arguments that appellant failed to establish the factum of its lawful importation so the confiscation is ought rightly by the customs department.
