ISLAMABAD: Customs Adjudication Deputy Colletor Ubaidullah has ordered to release 155 kilogram of foreign origin cloth on the payment of duty/taxes plus a redemption fine equivalent to 30 percent of the appraised value of seized cloth.
According to the details, Islamabad Customs Preventive superintendent received information through the assistant collector that foreign origin cotton cloth would be smuggled from Peshawar by a bus bearing Registration No DGE-7455.
To check the veracity of aforesaid information, a raiding party held a check post at GT Road, Islamabad, the reported vehicle was sighted coming from Peshawar side which was stopped by the officials. A detailed search of the said vehicle led to the recovery of foreign origin cloth.
At the time of occurrence, owners of the recovered cloth identified themselves as Syed Ahemd Khan and Sabir. On demand, they failed to produce any evidence, showing legal import or lawful possession of the recovered cloth.
Therefore in violation of Section 2(s) and 16 of the Customs Act, 1969, read with Section 3(1) of the Imports and Exports (Control) Act, 1950, the same were seized. Prior to issuance of show cause notice, the respondents submitted an application for summary adjudication of the case on duty/taxes. They had stated in their aforesaid application. The cloth was purchased from the open market of the Peshawar and they are ready to pay duty/taxes.
After reviewing the record, the adjudication deputy colletor said that the respondents have failed to provide valid legal documents regarding lawful import of the aforementioned seized foreign origin cotton cloth. It means that the seized Cotton 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 seized item, which is implied confession on their behalf that seized foreign origin cotton cloth was brought into the country without payment of duty and taxes.
The deputy collector stated, “The seized cloth in the instant case fall under the category of notified items in terms Section 2(s) (ii) of the Customs Act, 1969. The total appraised value of the seized cotton cloth is Rs 81,481, is less than the statuary limit of Rs 150,000; therefore, the violation of Section 2(S) (II) of the Customs Act, 1969, is not established. I, therefore, order for confiscation of the seized Cotton Cloth in terms of Clause (89)(i) & (90) of Section 156(1) of the Customs Act,1969 read with Section 3(3) of Imports & Exports (Control) Act,1950”.
‘Keeping in view the aforementioned facts, a lenient view is taken and an option is granted 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.’
