LAHORE: The Customs Appellate Tribunal ordered the release of goods to the lawful owner in case of Hajji Muhammad, a resident of Quetta, and collector customs (Appeals) Lahore and others.
Omer Arshed Hakeem, Member Judicial Bench-II, said in the final remarks that customs appeal stands accepted as the respondent answers in negative. The impugned order is modified to the extent that the impugned rubber scrap of impugned order shell be released unconditionally to its lawful owner. This order shell not be applied to the foreign origin tyres with flapper mentioned.
As per brief history of the case, the staff of Intelligence and Investigation (I&I)-FBR Lahore intercepted a truck loaded with foreign origin tyres with flapper rubber scrape. On demand, the driver produced a bilty and failed to produce documents showing lawful imports of the impounded goods.
After a show cause notice, the adjudication authority heard the case and passed the order-in-original to release goods to its lawful owner on the payment of 20 percent redemption fine of customs’ value of goods.
Being aggrieved from the order, the appellant filed the case before the Customs Appellate Tribunal on the grounds that the impugned order-in-original is improper, illegal and without consideration of the appellant. According to the Section 171 of the Customs Act-1969 when anything is seized or any person is arrested, the officer or seizer shall be liable to inform to the person about the arrest but the department failed to do this. He prayed to the tribunal for the dismissal of the order-in-original. On the other side, the respondent department denied all the allegations.
After hearing the arguments, Customs Appellate Tribunal modified the order-in-original and ordered the release of goods to the lawful owner unconditionally.
