LAHORE: The Customs Appellate Tribunal has accepted the appeal filed by the Muhammad Anwar, a resident of Qilla Abdullah, against the Collector of Customs Appraisement and director of Intelligence and Investigation Lahore.
Omer Arshed Hakeem, Member Judicial bench-II, declared in the judgment that in the provision of section 181 of the Customs Act, 1969, the order of adjudication officer with regard to outright confiscation of a Mazda truck is modified to the extent that the same shall be redeemed to its lawful owner on the payment of redemption fine equal to 10 percent of its value in addition to statuary duties and taxes liable on him.
As per brief history of case, the staff of customs Intelligence and Investigation-FBR, intercepted a truck loaded with iron scrap. On quarry driver stated he loaded goods from Sitaraul Usman Goods Forwarding Agency Quetta to Misri Shah. On further inspection customs authorities found foreign origin goods and driver failed to produce any document regarding legal imports of the goods. The goods were seized under the section 168(1) of customs Act 1969 and Rs 43, 88, 245 imposed in taxes and duties on him.
After issuance of show cause notice, adjudication authority heard the case and passed the order-in-original that seized truck redeemed to its lawful owner on the payment of redemption fine equal to 20 percent of value of truck ascertained by the department.
Being dis-satisfied from the Order-in-Original and challenged the order before the Customs Appellate Tribunal on the grounds that impugned order is against the article 4, 10-A, 25 of the constitution of Pakistan 1973 and not a speaking order. On the other side recipient denied all allegation and prayed for the rejection of appeal.
After hearing the arguments from both sides, Customs Appellate Tribunal accepted the appeal and modified the ONO.
