LAHORE: Customs Appellate Tribunal on Monday set aside the impugned oder and remanded back to the adjudication officer with direction to decide the case afresh after hearing both the parties and considering the evidences which they may like to produce.
As per brief facts of case, the staff of Customs Intelligence and Investigation-FBR intercepted a trailer loaded container which was de-sealed and during the examination ladies shoes of foriegn origin were recored. On demaned driver of said trailer failed to produced documents showing the lawful import of goods. The same recoverd goods along with trailer and container were seized under section 168 of Customs Act 1969.
After show cause notice, adjudication proceeding were culminated and order in original was passed with remarks that seized goods may be released to its lawful owner and same vehicle to be confiscated according to the law.
Being aggrived with the order, appellant filed the appeal before the Customs Appellate Tribunal on the grounds that impugned order passed against him is beyond the law as is evident that summary trial conducted by him does not relate to the adjudication cases and same is envisaged under section 184 of Customs Act 1969.
Adding more, the order in original passed in mechinical fashion without applying judicious mind and same is liable to set aside. On the other side, respondent give reasons and appeal for the rejection of same case.
After hearing arguments from both sides, Omer Arshed Hakeem, member judicial bench-II has remanded back the case for fresh order.
