ISLAMABAD: Deputy Collector Customs Adjudication Islamabad Dr.Wajid Ali has passed the Order in Original in seizure case no. 357/2017 and ordered to release the foreign origin aluminum foil on the payment of duty and taxes leviable thereon plus fine equivalent to 20 percent of the appraised value.
According to the details, Assistant Collector Customs, Preventive received information that foreign origin aluminum foil would be smuggled from Peshawar by a Mazda truck bearing Reg. No. LES-9688. In order to verify authenticity of the information a raiding party held a nakabandi at GT Road Burhan on 18.05.2017 the reported vehicle was seen coming from Peshawar side which was signaled to stop.
A thorough search of the said Mazda truck led to the recovery of foreign origin aluminum foil. At the time of occurrence driver of the vehicle identified himself as Muhammad Umer son of Sajjad Haider produced bility No 4880 dated 17.05.2017 issued by M/s New Punjab Karachi Goods Transport Company Main G.T Road near Motorway Pul Peshawar showing booking by in the name of accused person.
On demand the owner failed to produce any evidence documentary or otherwise, showing legal import or lawful possession of the recovered aluminum foil. Therefore, the same were seized for the action under section 168 of the Customs Act, 1969.
Accordingly, a show cause notice was issued to the respondents under Section 180 of the Customs Act, 1969. On the schedule date of hearing respondent namely Muhammad Umer son of Sajjad Haider appeared and submitted a application wherein he stated that I am the diver of vehicle bearing Registration No LES-9688 and I have no concern with the aluminum foil but the actual owner of the goods is Muhammad Arif On 19.07.2017 Muhammad Arif appeared before and submitted an application wherein he stated that he is ready to pay the leviable duty taxes on their Aluminum Foil. May kindly release Aluminum Foil on duty taxes. On 26.07.2017 the owner of the Truck Adda New Punjab Karachi Goods Transport Company appeared and submitted a application wherein he stated that Mr. Imran booked the goods and we delivered the goods to its actual owner Muhammad Arif.
After gone through the record of the case and have considered written as well as verbal submissions put forth by the respondents and prosecution deputy collector have come to conclusion that the respondents have failed to provide valid legal documents regarding lawful import of the aforementioned seized foreign origin aluminum foil.
However, 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 20% of the appraised value of seized goods in lieu of confiscation.
