LAHORE: The Customs Appellate Tribunal has accepted an appeal filed by one Muhamma Ayub, a resident of Qila Abdullah, against the Director, Directorate of Intelligence and Investigation-FBR, and Collector of Customs (Adjudication) Lahore.
Omer Arshed Hakeem, Member Judicial Bench-II, heard the case in detail and declared that the impugned order is modified to the extent that the impugned truck has been ordered to release unconditionally to its lawful owner.
On the controversy, staff of the Customs Intelligence and Investigation-FBR Lahore intercepted a truck loaded with foreign origin steel and iron.
On demand, driver produced a bilty regarding the loading of goods and failed to justify legal import of foreign goods. The truck along with goods was impounded under Section 168(1) & (3) of Import Export (Control) Act-1950 and Section 178 of Customs Act-1969.
The show cause notice was issued to the appellant for the contravention of provisions of law. The adjudicating officer, hearing the case in detail, passed the Order-In-Original to hand over truck to its lawful owner on the payment of redemption fine equal to 20 percent of value of the aforesaid vehicle.
Being aggrieved from the order, appellant challenged the ONO before the Customs Appellate Tribunal on the grounds that the impugned order was passed in a mechanical fashion and without the application of the mind judicially.
Adding more, the impounding of the truck is against the provisions of the Section 157 of the Customs Act-1969. On the other side, respondent denied all the allegations and appealed for the rejection of the application.
After completing the hearing, Customs Appellate Tribunal accepted the appeal and ordered the release of the truck to its lawful owner unconditionally.
