LAHORE: Customs Appellate Tribunal has dismissed the appeal filed by Ziarat Khan against additional collector of Customs (Adjudication), and deputy director of Intelligence and Investigations, FBR Range Office Multan and others.
Junaid Akram, Member Technical bench-I, in the verdict declared that the impugned Order-in-Original (ONO) does not suffer any factual or legal infirmity and the same does not call for any interference by the tribunal. As per brief history of the case, credible information was received to the effect that a huge quantity of foreign origin smuggled old and used but serviceable auto parts were lying in the godowns of the M/s Sarhad Autos.
In pursuance of search warrant, a team of directorate of Intelligence and Investigation made proper search of the premises of M/s Sarhad Autos, M/s Peshawar Autos, M/s New Kabul Autos and others.
During the searching with the help of police, used engines (LTV) and gear boxes were recovered and the owners had failed to produce documents showing legal import or lawful possession of the goods.
The recovered engine and gear boxes were seized under the section 168 of the Act, punishable under section 156(1) 89(i). After completion of requisite formalities, the matter was placed before the learned additional collector of customs (Adjudication), Faisalabd camp office Multan who passed the order in origional for confiscation of seized goods under the laws.
Being aggrieved from the order, the appellant filed the appeal before the Customs Appellate Tribunal on the grounds that the Order-in-Original is contrary to the hard facts of the case and passed in hastily manners as an executive order and does not meet end of natural justice so it is liable to set aside and charged some further allegations. On the other side the departmental representative argued in the favor of respective parties.
After hearing of case Customs Appellate Tribunal dismissed the case with the order that after the reading of facts, there is no need to intervene in the case.
