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Customs Appellate Tribunal orders to release gold bars to legal owner

Customs Appellate Tribunal orders to release gold bars to legal owner

LAHORE: Customs Appellate Tribunal on Friday passed the judgment in nine gold bar case and ordered the customs department to hand over the gold bars to respondent Faisal Ejaz, a resident of Pindi Bhattian, Hafizabad.

The appeal was filed by Deputy Collector of Customs (Traffic), Allama Iqbal International Airport Lahore against Collector of Customs (Appeals) and Faisal Ejaz, a resident of Pindi Bhattian, Hafizabad.

As per brief facts of the case, Customs staff (Traffic), at Customs International Arrival Hall, Allama Iqbal International Airport Lahore, during the clearance of passenger of flight no: EK-622 arrived from Dubai, intercepted Faisal Ijaz holding US passport.

As reported, the customs staff asked the passenger under Section 139 of Customs Act 1969, whether he was carrying anything objectionable in his accompanied baggage to which he replied in negative.

The process of scanning and examination of accompanied baggage led to the recovery of fifteen mobile phones valued Rs463,023 involving duty and taxes of Rs72,812.

During the physical search, nine gold bars were recovered from passenger valuing Rs1,162,453 involving duties and taxes amount Rs 434,059.

The said passenger failed to satisfy as he could not produce documents regarding the lawful import of goods so the goods seized under Section 168(1) of Customs Act 1969.

Adjudication proceeding culminated and order-in-original passed with remarks that goods are confiscated and also imposed Rs 5000 fine on the passenger who aggrieved with the order and filed the appeal before the Collector of Customs (Appeals) that he is not satisfied with ONO and said forum may hear the appellant and passed the fresh order. After hearing parties, Collector Customs (Appeal) passed the order-in-appeal to release goods on payment of duties and taxes with 20% redemption fines.

Not satisfied with the order, Customs department challenged the order before the Customs Appellate Tribunal on the grounds that order-in-appeal is not according to the law and liable to set aside but respondent denied.

After hearing arguments, Customs Appellate Tribunal passed the judgment and ordered to hand over nine gold bars to Faisal Ijaz.