LAHORE: The Customs Appellate Tribunal has dismissed an appeal filed by the Deputy Collector ASO, Model Customs Collectorate Lahore against Saima Mujeeb and others.
Member Judicial Bench-I Muhammad Shabbir Gujjar, heard the appeal and decided the case with remarks that the captioned question is answered in negative, as a result, this customs appeal being devoid of merit is dismissed with no order to costs.
As per brief history of case, the Customs staff detained a Toyota Mark-X. The person sitting on the driving seat introduce himself as Mujeeb Khalid. On demand, the driver failed to produce legal documents and the vehicle was seized
During the inspection suspicion arise that the chassis number of the vehicle was tempered the vehicle was detained for the laboratory test under the section 2 (kk) of Customs Act 1969.
After the complete physical verification of vehicle the same were seized under the section 168 of Customs Act 1969.
After show cause notice, adjudication proceeding were culminated by the authority and Order-in-Original (ONO) passed declared outright confiscation of vehicle.
Being aggrieved from the order, appeal was filed before the learned Collector of Customs Appeals who also heard the parties and passed the order that the Order in Original is modified and instant appeal and disposed of.
Dissatisfied with order the department has filed the appeal before the Customs Appellate Tribunal on the grounds that order of learned collector of Customs (Appeals) not according the fact of case, so the earlier passed order is liable to set aside, on the other side, the respondent counsel produce document regarding the case. After hearing the arguments from both sides, Customs Appellate Tribunal has dismissed the appeal.
