LAHORE: The Customs Appellate Tribunal has remanded back the case of Muhammad Jamil against Superintendent Intelligence and Investigation-FBR Faisalabad and additional collector of customs (Adjudication) Dry Port Faisalabad.
According to the details, Imran Tariq, Member Technical bench-II, heard the case in details and remarked that without verification of the Motor Registration Authority (MRA) of the Sibi the case cannot be concluded, so the adjudication authority should hear the case in details and conclude.
As per history of the case, the staff of Customs Intelligence and Investigation on the bases of credible information intercepted a Hino truck. On demand, the driver of the vehicle failed to produce any legal document regarding lawful import of the vehicle. Consequently, the truck was detained under section 2kk & 17 of Customs Act 1969.
After the detailed verification, the Additional Collector of Customs (Adjudication) passed the Order-in-Original (ONO) against the owner of truck and declared its outright confiscation.
The appellant aggrieved from the order and filed the case before the Customs Appellate Tribunal on the basis of evidences that he have. The appellant said that impugned order in original passed in mechanical fashion and without proper appreciation of law point involved in the case.
Further added that no evidence is discussed in ONO appeal to prove the allegation of smuggling as allegation has been leveled on suppositions; hence, impugned order is liable to set aside. On the other side the counsel of the respondent denied all allegations and appeal for the dismissal of case.
After hearing of case, Customs Appellate Tribunal remanded back case to adjudication authority with order to pass fresh speaking order after hearing the parties in detail and complete technical verification of vehicle.
