LAHORE: The Customs Appellate Tribunal dismissed an appeal filed by the Assistant Collector, Customs Anti-Smuggling Organization, Smbrial District, Sialkot, against Saeed Mahmood, a resident of Islamabad, Collector of Customs (Appeals), and others. The appeal was related to a smuggling of 1.5 kilogram of heroin.
Omer Arshed Hakeem, Member Judicial Bench-II, heard the case in detail and passed the final judgment with remarks that the owner of the vehicle cannot be deprived of his property unless adequate proof of her involvement is proved. It is evident from the record that no prima facie direct evidence is available to prove that owner of the vehicle was directly or intricately involved in the commission of the impugned offence of smuggling of heroin.
According to details, the staff of the Customs Anti-Smuggling Organization intercepted a Toyota Corolla Car. The checking led to the recovery of 1.5 kilogram heroine concealed in the secret sockets of both doors of the car.
During a preliminary inquiry, the driver told the adjudicator that he purchased the heroine from one Ikhlaq Ahmed, a resident of Peshawar. Therefore the smuggled heroine and car were seized under Section 168 of the Customs Act-1969.
According to the show cause notice, adjudication process culminated and an Order-In-Original was passed to release Toyota Corolla Car to the lawful owner unconditionally. The charge and confiscation of heroin have been established and a fine of Rs01million has been imposed on each respondent.
Being aggrieved from the order, the appellant filed a case before the Collector of Customs (Appeals) who also heard the case and passed the order that the ONO regarding the release of car is upheld and there is no merit in the appeal against the impugned order.
Being dissatisfied from the order, appellant filed the case before Customs Appellate Tribunal on the grounds that the decision of the learned of the collector of customs (appeals) is not according to the law.
After completing the hearing, Customs Appellate Tribunal dismissed the case.