LAHORE: The Customs Appellate Tribunal has decided the case of Muhammad Younas, a resident of Dera Ismail Khan, versus Collector Customs Faisalabad and Collector (Adjudication) Faisalabad.
Omer Arshed Hakeem, Member Judicial Bench-II, modified the impugned order and ordered to release the truck bearing registration number LTQ-588 to its lawful owner unconditionally.
According to the brief fact of case, the staff of Customs Intelligence intercepted a truck loaded with foreign origin cloths weighing 8,877 kilograms.
On demand, the driver had failed to produce documents regarding legal imports of the cloth and seized it under section 168 of the Customs Act 1969.
Show case notice issued to the appellants, after hearing the case the adjudication authority stated that seized goods to be confiscated outrightly under the section 157 (2) of customs act 1969.
The aggrieved appellant filed a case in Customs Appellate Tribunal on the grounds that the impugned order is illegal, as the goods were not smuggled but were imported legally. On the other side, the representative on behalf of recipient denied all allegations.
After hearing the arguments from both sides, the member of Customs Appellate Tribunal stated that section 157 of the Customs Act 1969 cannot be applied as consequences of smuggled goods. There is no adequate evidences available to prove the owner of vehicle had been involved in the heinous offense of smuggling. So the seized goods be released unconditionally to the lawful owner.
