ISLAMABAD: Deputy Collector Customs Adjudication Islamabad Dr. Wajid Ali has ordered the seizure of “PU Coated Artificial Leather (Non-Woven) in case No. 324/2017.
The official concerned was tipped off that foreign origin PU Coated Artificial Leather would be smuggled from Lahore by a truck with registration No: Z-7442.
The raiding party set up picket at G.T Road Dina. On 19.04.2017 at about 0500 hours, the reported vehicle was sighted coming from Lahore side which was stopped by the raiding party. A thorough search of the said vehicle led to the recovery of said item.
The driver of the said vehicle, identified himself as Muhammad Falak S/o Bathray, a R/o Kuza Hajra Chaky, District Shangla, failed to produce any evidence, documentary or otherwise, regarding the legal import or possession of the recovered product.
So the raiding team seized the item under Section 168 of the Customs Act-1969 after making a proper documentation on the spot. Accordingly, a show cause notice was issued to the respondents under Section 180 of the Customs Act-1969. On the scheduled dates of hearings, respondents did not appear before the adjudication nor did they submit any reply.
Khalid Khattak, Inspector Preventive, appeared from the prosecution side and requested the adjudication to decide the case ex-party as respondents are not interested in defending their case.
Deputy Collector passed the Order-In-Original and said the respondents have failed to appear before the adjudication officer. Sufficient opportunities of hearings have been given to the respondents after issuance of the show cause notice. Neither the show cause notice nor subsequently dispatched hearing notices were received back un-delivered which means that the respondents have deliberately avoided appearance before the undersigned for defence.
The case cannot be kept pending for an indefinite period of time. The charges levelled in the show cause notice stand established. Therefore the violation of Section 2(S) (II) of The Customs Act-1969 is established. So the adjudication officer ordered the outright confiscation of the “PU Coated Artificial Leather (Non-Woven)” in terms of Clause (89) (I) of Section 156(1) of The Customs Act-1969 read with Section 3 (3) of Imports & Exports (Control) Act-1950.
