LAHORE: Customs Appellate Tribunal modified the impugned order passed by the adjudication authority in case of Abdul Samad resident of Quetta against Collector (Adjudication), Faisalabad and deputy director, Intelligence and Investigation-FBR, Range office Multan.
Omer Arshed Hakeem, Member Judicial bench-II declared in the judgment that the proofs by the recipient no enough to be penalize the owner of truck. Tribunal also ordered to release impugned truck to its lawful owner unconditionally.
As per details, the staff of Customs Intelligence and Investigation (I&I) – FBR range office Multan was intercepted truck loaded with foreign origin goods. Driver produced bilty but failed to produce any legal document regarding lawful import of goods.
The goods new and used auto parts, HTV engines, HTV old and used rims, new mobile chargers, new packed ball bearings of different sizes and brands weight around 48000 kilograms.
After the show cause notice, the adjudication authority passed the order in original with remarks that the vehicle confiscated ought rightly under the customs Act 1969.
The appellant not satisfied with the order in original and filed the appeal before the customs appellate tribunal on the grounds that the driver of truck was not authorized to check legality of goods. The appellant is merely is the owner of the seized truck and his truck is attached with the different Goods Transport Companies of Pakistan. He prayed for the release of truck.
After hearing the arguments, Customs Appellate Tribunal modified the order in original and order to release truck to its lawful owner. Tribunal member also declared that recipient failed to prove regarding the case.
