LAHORE: The Customs Appellate Tribunal has set aside the impugned order of an appeal filed by one Muhammad Shafique against the AdditionalCollector of Customs Adjudication and Directorate of Intelligence and Investigation-FBR Sadiqabad.
Omer Arshed Hakeem, Member Judicial Bench-II, heard the case in detail and passed the judgment that the appeal filed by the appellant stands accepted and impugned order is set aside. Resultantly, the impugned Land Cruiser Jeep was released unconditionally to its lawful owner.
As per brief history of the case, Staff of the Customs Intelligence and Investigation-FBR Sadiqabad intercepted the Toyota Land Cruiser. On demand, driver failed to produce the documents showing the legal import of said vehicle. But no one appeared before the seizing agency to show the legal import of the seized vehicle. The vehicle was impounded by the seizing agency under the Customs Act-1969.
After a show cause notice,customs adjudication authority, hearing the case, passed the Order-In-Original with the remarks that the vehicle was taken into possession rightly.
Appellant aggrieved from the Order-In-Original filed a case in the Customs Appellate Tribunal on the grounds that the impugned Order-In-Original is an utter disrespect to the law, totally against the facts and circumstances of the law which is liable to be set aside. On the other hand, respondent department denied all the allegations and appeal for the rejection of the case.
After examining the record and hearing all the circumstances of the case, Customs Appellate Tribunal has accepted the appeal of Muhammad Shafique, a resident of Karachi, and ordered the release of the vehicle unconditionally to lawful owner.
