LAHORE: Customs Appellate Tribunal has ordered to release HTV Nissan diesel dumper loaded with non-offending coal to its lawful owner after the payment of redemption fine of 10 percent of seized goods. The appeal was filed by the Naveed Akhter and others against Director, Directorate of Intelligence and investigation-FBR Faisalabad and others.
Muhammad Shabbir Gujjar, Member Judicial, heard the case in details and examined the record which produced by the parties. After hearing the arguments case has been decided with remarks that in the view of clear provision of section 181 of Customs Act 1969 the order of adjudication authority has been modified in extant to that same shell be redeemed to its lawful owner on the payment of redemption fine equal to 10 percent of value in addition to duties and taxes applied on it.
According to details of case, reported by the customs department the staff intercepted diesel dumper loaded with non-offending coal. On querry driver failed to produce document showing legality of said vehicle, same were confiscated.
After show cause notice, adjudication proceeding were culminated and Order-in-Original (ONO) was passed that goods confiscated out rightly.
Being aggrieved from the order the appellant challenged the impugned order before the Customs Appellate Tribunal that impugned order passed without appreciation of laws and produce legal documents before the court. On the other side the respondent denied allegations and prayed for the rejection of appeal. After hearing the arguments Customs Appellate Tribunal has modified the order passed by earlier authority.
