LAHORE: Customs Appellate Tribunal upheld the impugned order in the confiscation of goods and mini Mazda truck.
The case was filed by Raja Intisar Mehbood, a resident of Rawalpindi against Collector of Customs Adjudication and director, Directorate of Intelligence and Investigation (I&I) Gujranwala.
Muhammad Sadiq, member technical bench-II heard the arguments from the appellant and respondent and passed the judgment that there is no need to interfere in impugned order regarding confiscation but the confiscation of the vehicle is annulled.
As per details of the case, on information, the staff of Intelligence and Investigation Rahwali, Gujranwala intercepted a truck loaded with smuggled goods, padlocks of assorted size, velvet cloths, ‘boski’ clothes and shoes.
On demand, the two available persons failed to produce any lawful documents regarding lawful possession of goods, therefore, recovered goods were seized under Section 168 of Customs Act 1969. The adjudication authority charged Rs41,94,168 in duties and taxes.
After show cause notice, Adjudication proceeding culminated and order-in-original passed with remarks that after scrutiny of goods the same would be released to the lawful owner on penalty of five percent of the actual value and Hino truck confiscated and allowed to release the vehicle to the owner on payment of 20 percent redemption fine.
Being aggrieved with the order, appellant filed the case before the Customs Appellate Tribunal on the grounds that order passed in a mechanical fashion which is beyond the law, so the Tribunal may hear the case in detail and pass fresh speaking order to null and void the order-in-original.
After hearing arguments from appellant and respondent, Customs Appellate Tribunal decided the case with remarks that there is no need to interfere in impugned order and confiscation of the vehicle is annulled.
