PLJ 2023 Quetta 1 (DB)
Present : MUHAMMAD EJAZ SWATI AND ABDULLAH BALOCH , JJ.
COLLECTOR, COLLECTORATE OF CUSTOMS, CUSTOM HOUSE, GAWADAR --
Applicant
versus
Mr. NAQEEBULLAH-- Respondent
Special Customs, Reference Application No. 40 of 2022,
decided on 30.5.2022.
Customs Act, 1969 (IV of 1969) --
----Ss. 2(S)(16), 156(1)(8)(89) & 196-- Imports and Exports (Control) Act, (XXXIX of 1950), S.
3(1)--Smuggling of used tyres --Seizition
of--Confiscation of asserted tyres --Appeal --Allowed --Direction to release asserted tyres --
Challenge to --Respondent filed an appeal before the appellate tribunal on the ground that the
used foreign origin tyres were already auctioned by the Customs authorities, which were
thereafter purchased by the respondent and he has taken the same for onward selling at Karachi --
Counsel for applicant while confronted with observations so made by appellate tribunal, he has
failed to point out any illegality or irregularity or point out any question of law in impugned
judgment for interference of this Court. [Pp. 3 & 4] A & B
Mr. Nusratullah Baloch, Advocate for Applicant.
Mr. Hussain Ahmed, Advocate for Respondent.
Date of hearing: 18.5.2022.
JUDGMENT
Abdullah Baloch, J. --This judgment disposes of the Custom Reference Application No. 40 of
2022 filed by the Collector of Customs, Collectorate of Custom, Gawadar under Section 196 of
the Customs Act, 1969 against the judgment dated 17th November 2021 (“the impugned
judgment”) passed by the learned Member (Judicial) Customs Appellate Tribunal, Quetta
Bench, Camp Office at Karachi (“the Appellate Tribunal”) whereby by appeal filed by the
respondent was allowed.
2. Facts of the instant Customs Reference are that are that the MCC, Gwadar received credible
information with regard to smuggling of contraband goods, in pursuance to such information, on
31st January 2021 at about 11:30 p.m. the staff of MS -Khurkhera started survaliance and
checking of the suspected vehicles, during the course whereof they stopped different passenger
Buses at RCD Highway and unloaded 112 Nos of Assorted Tyres (used) F/o, neither anyone
came forward to claim the ownership nor provided any legal documents on the spot. The
recovered Assorted Tyres (used) F/o were seized in violation of Section 3(1) of Imports and
Exports (Control) Act, 1950, Section 2(s) & 16 of the Customs Act, 1969, read with 499(I)/2009
dated 16th June 2009 and SRO 566(1)2005 dated 6th June 2005, /’punishable under clauses (8)
& (89) of Section 156(1) of the Customs Act, 1969, Subsequently, the Additional Collector of
Customs, Customs House, Gaddani, vide order dated 16th March 2021 confiscated outright the
recovered Assorted Tyres (used) F/o. Being aggrieved, the respondent filed appeal before the learned Appellate the Customs authorities to release the aforementioned assorted 112 tyres used
unconditionally forthwith in favour of respondent/lawful claimant. Whereafter, the instant
Custom Reference has been filed.
3. We have heard the learned counsel for the parties and perused the record minutely, which
reveals that according to the case of applicant the staff of MS -Khurkhera started patrolling &
checking of suspected vehicles, during patrolling at RCD Highway stopped different passenger Buses for checking purpose and unloaded 112 Assorted Tyres (used) foreign origin, no one came forward to claim the ownership nor provided any legal documents on the spot, therefore, the staff of Customs took the possession of above Assorted Tyres (used) foreign origin and seized the same in violation of Section 3(1) of Imports and Exports (Control) Act, 1950, Section 2(s) & 16 of the Customs Act, 1969, read with SRO 499(I)/2009 dated 16th June 2009 and SRO 566(1)2005 dated 6th June 2005, punishable under clauses (8) & (89) of Section 156(1) of the Customs Act, 1969.
4. After usual proceedings the matter was placed before the Additional Collector of Customs
(adjudication), Customs House, Gaddani, vide order -in-original dated 16th March 2021 the entire
goods were outright confiscated. Being aggrieved, the respondent (appellant) filed an appeal
before the appellate tribunal on the ground that the used foreign origin tyres were already auctioned by the Customs authorities, which were thereafter purchased by the respondent (appellant) and he has taken the same for onward selling at Karachi and during the course of transporting they were intercepted by the Customs authorities and illegally seized the goods in question and thereafter outright confiscated by the Additional Collector, Customs. While, accepting the appeal the learned appellate tribunal has observed as under:
“11. Crux of case are that the owner of impugned assorted 112 tyres (used) foreign origin is claiming that the tyres have been purchase through M/s, AnF Enterprises (Government Approved Auctioneer) vide delivery of Lot No. 118- Cus/Seiz/BLI/2019
Auction dated 10.10.2019 and Income Tax was paid accordingly through computerized payment system on 24.10.2019. During transportation, same were seized by the officials of Rangers and Customs at Sukkur and matter was adjudicated at MCC (Adjudication), Quetta at Hyderabad. The learned Collector (Adjudication), Quetta at Hyderabad passed Order -In-Original No. 18/2020 dated 30.09.2020 whereby tyres were released
unconditionally on basis of report called from the MCC, Quetta. The MCC, Quetta reported vide letter No. 73 -Cus/Seiz/Job/CP/2019- 201019 dated 09- 09-2020 wherein
confirmed the genuineness of the auctioned documents provided by the appellant which are matching with the auction
documents i.e. D.No. 8054, 8053, 8051, 8050, 7606 and 8007 hence, the charges leveled
in show cause notice were vacated and goods were released unconditionally.
12. After unconditionally release of subject old used 112 tyres which were transported
back to Quetta by the appellant. On re -sale of same tyres to another party at Karachi, the
subject assorted foreign origin tyres of same quantity, same description were loaded by the same the appellant for delivery at Karachi. During transportation, the same tyres of same quantity and description were again detained at Khurkhera Check Post, Winder. Again subject tyres were outright confiscated without considering the previous orders released order and documents provided by appellant."
The learned counsel for the applicant while confronted with the observations so made by the learned appellate tribunal, he has failed to point out any illegality or irregularity or point out any question of law in the impugned judgment for interference of this Court. Thus, the impugned judgment passed by the learned appellate tribunal is well reasoning and does not suffer from any material illegality or irregularity to warrant interference by this Court.
For the reasons discussed hereinabove, the Customs reference being devoid of merits is dismissed.
(Y.A.) Application dismissedThis judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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