ISLAMABAD: Customs Adjudication Deputy Collector Ubaidullah has ordered the release of 155 kilogramme of foreign origin cloth on payment of duty and taxes as well as a redemption fine equivalent to 30 percent of the appraised value.
Earlier, the Customs Preventive assistant collector received information that cotton cloth would be smuggled from Peshawar by a bus bearing Registration No.DGE-7455. A raiding party established a check post on GT Road Islamabad and intercepted a vehicle and recovered cloth from it.
At the time of occurrence, owners of the cloth identified as Syed Ahemd Khan and Sabir failed to produce any evidence, showing legal import or lawful possession of the cloth.
Therefore, reasons to believe that the recovered cloth had been brought into the country in violation of Section 2(s) & 16 of the Customs Act, 1969, read with Section 3(1) of the Imports & Exports (Control) Act, 1950, the same was seized for the action under Section 156 (1) (89) (9) & 178 of the Customs Act, 1969.
Meanwhile, the respondents submitted an application for summary adjudication of the case on duty/taxes. On the scheduled date of hearing, the respondents appeared in person and reiterated that the cloth was purchased from the open market of Peshawar and were ready to pay duty/taxes.
The deputy collector said in his judgment, “I have gone through the record of the case and considered verbal submissions put forth by the respondents and prosecution and have come to conclusion that the respondent have failed to provide valid legal documents regarding the lawful import of the cloth. It means that the seized cloth was non-duty/taxes paid”.
Moreover, the respondents stated during the hearing of the case and expressed their willingness to pay duty/taxes on their seized cloth. Therefore, Keeping in view the aforementioned facts, the deputy collector gave a lenient way and granted an option to the rightful owners in terms of Section 181 of the Customs Act, 1969 to redeem the same on payment of duty and taxes leviable thereon plus a redemption fine equivalent to 30 percent of the appraised value of seized cloth.
