LAHORE: Customs Appellate Tribunal on Monday has set aside the appeal in seized Mazda container truck case. The same appeal was filed by Muhammad Asgher, a resident of Mianwali against additional director of Intelligence and Investigation-FBR rang office Multan and others.
Omer Arshed Hakeem, member judicial bench-II, heard the arguments from both parties which they submitted before the tribunal. Same appeal was decided with remarks that order passed by collector of Customs Sambrial, Sialkot whereby application of the appellant was rejected is declared as null & void and ineffective upon the rights of appellants and the same is hereby set aside.
According to details, on the credible the staff of Customs (I&P) intercepted a Mazda truck. On demand, driver failed to produce legal documents and it was observed after the examination that same vehicle was used for huge quantity of LEDs (Samsung). Same were seized under the Customs Act 1969.
After show cause notice, adjudication proceedings were culminated and Order-in-Original was passed with remarks that charge leveled in show cause notice is established.
Being aggrieved from the impugned order, appellant filed the case before the Customs Appellate Tribunal with grounds that impugned order is passed against the facts and without out consideration of law.
Appellant also produced documents showing lawful import of vehicle and appealed to suspend the order passed by the adjudication authority. On the other side, respondent denied the allegations and appealed for rejection of case. After hearing the arguments from both sides, Customs Appellate Tribunal has decided the case with remarks that order in original is set aside.
