LAHORE: The Customs Appellate Tribunal set aside the Order-in-Original in a case of Collector of Customs (Appraisement), MCC, Customs House Lahore against Fakhra Rohi, a resident of Lahore.
Justice Retired Malik Manzoor Hussain, Chairman Customs Appellate Tribunal, remarks in the judgement that there is no mala fide show on the part of ASF Staff as they have immediately handed over the baggage and passenger concerned to the customs staff. The appeal is allowed, impugned order is set aside and the charge levelled in the show-cause notice stands established.
As per facts of the case, a lady passenger entered the Customs Hall carrying one trolley baggage of purple color. During the inspection, she used objectionable language and was brought to the office of deputy assistant collector of ASF. On the inspection, 10 biscuits of gold, 10 tola each one, were found in the trolley bag.
The lady failed to produce any document of legal possession of the impounded gold seized under Section 17 of the Customs Act-1969.
The adjudication proceeding culminated in the release of seized goods to the owner which was challenged before the Customs Appellate Tribunal on the grounds that the lady failed to produce documents regarding the lawful possession. The recipient denied allegations levelled by the complainant.
After hearing the documents, Customs Appellate Tribunal set aside the order-in-original and accept the appeal filed by the department.
