LAHORE: Customs Appellate Tribunal modified impugned order and also passed order to release seized truck to lawful owner unconditionally in a case of Mali Khan against collector Adjudication Faisalabad and deputy director Intelligence and Investigation Multan.
Member Judicial bench-II Omer Arshad Hakeem said in the final remarks that after hearing the case no evidence was provided to prove that Mali Khan was involved in the impugned offense. Section 157 of the Customs Act 1969 cannot apply in absolute terms as the owner of vehicle cannot be panelized unless the adequate proof of his involvement is proved.
According to the precise fact, the staff of customs Intelligence and Investigation-FBR, Multan intercepted truck loaded with heavy mechanical pipe, on demand, driver produce only bilty number but failed to provide other legal documents regarding lawful importer, the goods released by Makkah Computerizing Weighbridge was seized under the law.
After issued show case notice, adjudication authority proceeded case and passed the order to confiscate goods under section 157 (2) of Customs Act 1969.
Being aggrieved from the order the appellant filed the case before the Customs Appellate Tribunal on the grounds that the impugned order is passed without applying the judicial mind.
Appellant further said in the arguments that driver of the confiscate truck had not authorized to check the legality of loaded goods, the appellant’s vehicle is a public transport and has never been previously involved in any such incident. He also appeals before the tribunal member for the release of truck bearing registration no. K 4786. On the other side the representative of the department has denied allegation and appeal for the dismissal of case.
After hearing the argument customs appellate tribunal has modified the case and order to release goods unconditionally to its lawful owner.
