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Customs Appellate Tribunal orders to release vehicle to lawful owner

Customs Appellate Tribunal orders to release vehicle to lawful owner

LAHORE: Customs Appellate Tribunal on Friday directed the customs department to release impounded Mazda truck to its lawful owner unconditionally and ordered to refund redemption fine if received by the owner or driver of the truck.

The appeal was filed by the Deputy Collector Customs ASO against Muhammad Nasar, a resident of Peshawar and Collector of Customs (Appeals) Lahore.

Member Technical bench-II Muhammad Sadiq heard the arguments from appellant and respondent and passed the judgment with remarks that there is no need for interference in impugned order regarding impounded vehicle.

As per details of the case, Anti-Smuggling Organization Faisalabad intercepted a Mazda truck bearing registration no: LES 14-585 carrying allegedly smuggled curtain cloth at Kamalpur interchange of Motorway.

Driver and conductor produced two GDs showing the transport of goods from Kohistan Hazara Transport Company Rawalpindi. After examining all documents, customs team seized 4125 kilograms of foreign origin cloth due to the violation of Section 2 (s) of Customs Act 1969.

Adjudication proceeding culminated and order-in-original passed with remarks that confiscated goods needed lawful proof of import or possession but allowed to release of impugned goods on redemption fine at 20 percent in addition to duties and taxes.

Being aggrieved the order, the appeal was filed before the Customs Appellate Tribunal on the grounds that adjudication order passed in a mechanical fashion, without application of judicial mind and same order is liable to set aside, on the other side, respondent denied all allegations and prayed for the rejection of the appeal.