ISLAMABAD: The Islamabad High Court (IHC) on Monday accepted a petition for hearing, challenging verdict of the Customs Appellate Tribunal.
A divisional bench of the IHC comprising of Justice Shuakat Aziz Siddiqui and Justice Athar Minallah heard the case and issued notices to CAT for taking part in the court’s proceedings.
The court was hearing a petition filed by Miraj Khalid, who has prayed the court to set aside decision of Customs Appellate Tribunal, dated October 6, 2015, under which the tribunal had authorized the Customs Department to confiscate 40 mobile phones belonging to Miraj Khalid.
The petitioner, who appeared before the court and argued personally, has submitted the plea seeking return of mobile phones after paying chargeable customs duty and 20 percent fine as per law.
Earlier, Customs Appellate Tribunal (CAT), Islamabad chairman Ghulam Murtaza Bhatti had given the order in which he set aside decision of Customs Collector (appeals) issued in a case and accepted Customs department’s plea to allow it to confiscate the said mobiles. The chairman stated in the decision: “in view of the circumstances, the appeal is accepted and the order in appeal number 17/2015, passed by learned Customs Collector (appeal), Islamabad is set aside.”
Customs Department had approached Customs Appellate Tribunal against decision of Customs Collector, , Zulifqar A Kazmi in which the collector had given an order in favor of Miraj Khalid, who had carried 40 mobiles along while returning from Australia. Customs authorities had seized mobile phones at Benazir Bhutto International Airport, Islamabad.
CAT chairman had stated in the verdict: the seized good in such a quantity are prohibited to carry as accompanied baggage items as provided under rule 16 of the baggage rule of 2006. The respondent did not make any true declaration as provided under section 139 of the customs act, 1969. The mobile phones were brought into the country for home consumption by the way of smuggling, therefore, re-exportation is not justified.”
The tribunal further observed that customs collector did not go through the proper record and passed the impugned order in haste and hurry manner.
