ISLAMABAD: Deputy Collector Customs Adjudication Dr. Wajid Ali, case No: 221/2017, has passed the Order in Original and ordered the release of a non-duty paid smuggled fabric on payment of duty and taxes taxable thereon plus a fine equivalent to 30% of the appraised value while offending vehicle’s fine of 20% of the value.
On a tip-off that an attempt would be made to smuggle foreign fabric from Peshawar by a Toyota Corolla Car with Registration No: LEC-8476. A raiding party set up a checkpost at G.T Road Attock Khurd. The hinted Toyota Corolla Car was signaled to stop. A detailed search of the vehicle led to the recovery of F/O cloths. Driver of the vehicle and owner of the cloths, identified themselves as Muhammad Saqib S/o Abdul Majeed and Muhammmad Irfan S/o Noor
Parast Khan r/o District Nowshera, failed to produce any legal proof or evidence of the import. So the recovered cloths were under Section 168 of the Customs Act-1969. The vehicle used for transportation of smuggled goods was also impounded. Dr Wajid has said in ONO that the respondents stated during the hearing of the case and expressed their willingness to pay duty & taxes on their seized cloths, which is implied confession on their behalf that seized fabric was brought into the country without payment of duty and taxes taxable thereon. The total appraised value of the seized cloths is Rs141750, which is less than the legal import limit of Rs.150000 therefore the violation of Section 2(S) (II) of The Customs Act-1969 is not established. Keeping in view the facts, a lenient view is taken and an option is granted to the rightful owners to redeem the same on payment of duty and taxes taxable thereon plus a redemption fine equivalent to 30% of the appraised value of seized foreign origin cloths in lieu of confiscation. Regarding the offending vehicle Toyota Corolla, However the seized cloths was not found concealed in any specially designed cavities of the said vehicle and the prosecution also did not bring the record of any previous involvement of the seized vehicle in any smuggling case. Keeping these facts in view, he ordered the release of the offending vehicle against a redemption fine of 20% of the value, with a warning that if vehicle is found again involved in such activity then it will be confiscated outright.
