LAHORE: The Customs Appellate Tribunal has set aside an impugned order and passed an order for the release of a truck to its lawful owner unconditionally in a case of Muhammad Habib Khan versus Additional Collector (Adjudication) Faisalabad and Superintendent Anti-Smuggling Organization.
Omer Arshad Hakeem, Member Judicial bench-II, has accepted the appeal of complainants Habib Ullah, a resident of Bannu and Rehmat Ullah, a resident of North Wizirstan. The tribunal member declared that the respondent department failed to produce proofs of smuggled nature of goods and vehicle so the order passed by the adjudication is washed away.
As per history of case, the staff of ASO Mianwali intercepted a Hino truck, on demand, driver failed to produce any legal document showing lawful possession of the truck. After mechanical verification from Excise and Taxation Department and laboratory, the truck was seized as per law.
After show cause notice, adjudication authority also declared outright confiscation of the under the Customs Act 1969.
Appellant dissatisfied from the impugned order and challenged the order before the Customs Appellate Tribunal on the grounds that the impugned order is an arbitrary and capricious manner without consideration of record of case.
Further raised the points that no show cause notice was issued to the appellant before the passing the impugned order of confiscation of the vehicle, all relevant document of the vehicle are legal as per requirements. On the other side the recipient denied all alligaions.
After hearing the arguments from both side Customs Appellate Tribunal set aside the order passed by the last judicial forum. Tribunal also ordered to release truck to right person unconditionally.
