LAHORE: Customs Appellate Tribunal has dismissed the appeal filed by Collector Preventive Lahore against Asim Dar, a resident of Lahore, and Additional Collector Customs (Adjudication) Lahore.
Tariq Zia, Member Judicial bench-II declared in the judgement that the appellant has failed to bring any material irregularity in the Order-in-Original. In the absence of any concrete evidence in this regard, the tribunal found no reason factual to interfere with the Order-in-Original passed by the adjudication authority so, dismissed the present appeal being devoid of any merit.
As per brief details, information was received to the customs department that a huge quantity of smuggled motorcycle parts were kept at godown of Saim Autos Nicolson Road Lahore. Search warrant under section 162 of the Customs Act 1969 was obtained and then the ASO staff raided the said premises. The available person introduce himself as Asim Dar. During the searching, the customs staff recovered 26,637 kilogram foreign origin motorcycle parts.
On demand, the said person failed to produce any legal document regarding lawful imports of the motorcycle parts and the parts were detained under the section 2 (kk) of the Customs Act 1969.
The contravention report along with copies of all relevant documents was submitted to the Additional Collector of Customs (Adjudication), Lahore for proceeding under the section 179 of Customs Act 1969.
Adjudication authority heard the case and passed the order in original and order to released goods to lawful owner unconditionally.
Being aggrieved from the order appellant filed the case before the customs Appellate Tribunal on the grounds that the order passed without applying of judicious mind and is mala fide and others. The recipient denied all allegations.
After hearing the arguments from both sides Customs Appellate Tribunal dismissed the appeal and upheld the Order-in-Original.
