PESHAWAR: Customs Appellate Tribunal set aside a confiscation order of 200,000 Saudi riyals. Appellant Muhammad Sabir from Landi Kotal was allegedly in possession of 200,000 Saudi riyals which were seized from him on Torkham border.
Proceedings were initiated by Collector Adjudication and order of confiscation was passed against him. He filed appeal against confiscation order of Collector Adjudication which was passed ex parte against him through Saifullah Muhib Kakakhel Advocate.
His Counsel submitted in tribunal that the amount was recovered from him from his house in Landi Kotal by Frontier Constabulary, Khyber Rifles and it was shown on Zero Point. He argued that only an undated certificate of recovery was given to the appellant after few months.
He approached Peshawar High Court in writ petition for recovery of amount but in the meantime the order of collector adjudication was communicated to him hence he withdrew it and filed appeal before the customs tribunal.
He contended that no passport was recovered from him and his declaration was not recorded under section 139 of Custom Act. No FIR was lodged against him and he was not arrested. He further argued that in the columns of alleged amount holder name and address is shown as Nil which shows that he was not served by the lower authority. Moreover, no show cause was issued to him.
The respondents department was asked regarding show cause notice which they failed to produce before the tribunal. The custom appellate tribunal division bench consisting of Chairman Sardar Hussain and Member Qurban Ali Khan set aside the impugned order of confiscation and allowed the appeal.
