LAHORE: The Customs Appellate Tribunal yesterday ordered the release of used electric power generating unit of Cummins brand having output capacity of 200 KVA to its lawful owner unconditionally in a case filed by the Muhammad Afzal against Directorate of Intelligence and Investigation-FBR Faisalabad and others.
Omer Arshed Hakeem, Member Judicial Bench-II, heard the case in detail and remarked that the respondent department has failed to discharge the legal burden which lay heavily on it and there is no other option but to decide the case in appellant’s favor.
According to the details, the staff of customs Intelligence and Investigation-FBR Faisalabad intercepted a Mazda mini truck loaded with foreign origin generator 250- KVA model NT855 Cummins brand. On demand, the driver produced a photocopy of GD number which did tally in respect of the said generator. However, he failed to produce legal documents regarding lawful import of the generator.
The used generator along with the vehicle used for transportation for smuggled goods were seized under the section 157 of Customs Act 1969.
After the show cause notice, adjudicating officer heard the case in details and passed the Order in Original that seized vehicle redeemed to lawful owner after the verification and the loaded generator confiscated under the law.
The appellant not satisfied with the ONO and challenged before the customs appellate tribunal on the grounds that order in original passed in mechanical fashion and bad in the eye of law so its liable to set aside. On the other side, department denied all allegations and appeal for the rejection of case.
After hearing of case, Customs Appellate Tribunal order to release generator to its lawful owner unconditionally.
