LAHORE: The Customs Appellate Tribunal has dismissed a case of Directorate of Intelligence and Investigation, Faisalabad against adjudication orders for releasing the impounded oil tanker and 10,000 liters of furnace oil.
A bench-II comprising Technical Member Imran Tariq heard the case and dismissed it for lack of evidence by the appellant.
According to the precise fact of the case, the staff of Faisalabad Customs Intelligence intercepted Bed Ford Oil Tanker near Thana More Kamalia, Toba Tek Singh and recovered 10,000 liters of furnace oil.
The team asked driver named Muhammad Hussain produced gate pass No 187 issued by Kashif Traders Nag Shah Chowk Sher Shah Road, Multan but he could not produce any documentary evidence regarding lawful possession of furnace oil.
In ordered to verify the actual description of recovered oil and verification of produced documents under Section 211 of the Customs Act, 1969, the oil tanker No. MBN-2756 along with furnace oil was impounded. After the lapse of four days, no one appeared to claim the ownership seized furnace oil; therefore, the recovered oil was seized under Section 168 of the Customs Act.
The case was sent to the adjudication where an Order-in-Original (ONO) was passed in favour of the owner of the oil tanker and furnace oil and ordered to release the seized items unconditionally to its real owner.
The Customs Intelligence moved the Customs Appellate Tribuanal against the ONO stating that the said order was not according to the law. The counsel for respondents denied all allegations.
After hearing the arguments, the tribunal dismissed the case and remarked that appellant failed to produce any documents against the ONO.
