LAHORE: The Customs Appellate Tribunal set aside the impugned orders passed by the Customs Adjudication deputy collector and Customs Appeals collector in an alleged smuggled cloth case, besides remanding the case back to adjudication for fresh speaking order.
The brief fact of case, the Lahore Anti-Smuggling Organisation (ASO) staff recovered six bales of cloths at from a transport company, Lahore. On Query, available person concerned introduced himself as Arslan Shafiqe, and was asked to show documents regarding the legal import of the cloth, but he remained failed.
Therefore, the cloth was confiscated under Section 2(kk) of the Customs Act, 1969 and case referred to the adjudication for further legal action. A show cause notice was issued to the accused person, but no one appear before the court. As the respondent could not appear before the court on which the competent authority ordered to seized the cloth under Section 156 (I) of the customs act.
Later, the accused person mover Customs Appeals collector who also dismissed the appeal by upholding the order of the Customs Adjudication
Being aggrieved from the orders, accused person Arslan Shafique approached Customs Appellate Tribunal stating that impugned orders were passed against the law and claimed that the said cloth was purchased from open market. He further added that the ASO also failed to produce documents regarding the import of the cloth.
On the other side, the ASO submitted the para-wise comments and denied all the allegation impose by the appellant.
After hearing the argument, the judicial member remanded back the case with the order of hearing the case in strict manners and passed the fresh speaking order.
