Law: Customs Act, 1969

Section: 2(s),15,16,156,168,194A

Law: Imports and Exports (Control) Act, 1950

Section: 3

ORDER KHALID MAHMOOD, MEMBER TECHNICAL-I.--This order will dispose of Customs Appeal No.K-447 of 2014 filed by the appellants against the Order-in-Original No.33/2014 dated 8-4-2014 passed by Additional Collector of Customs (Adjudication), Quetta. 2. Brief facts of the case are that in pursuance of an information that a huge quantity of foreign origin smuggled goods would be transported from Quetta to Karachi, the staff of Customs Mobile Squad, Khurkhera on 18-3-2014, near Luck Badok, signalled a passenger coach (Registration No.BSA-987) to stop, which was coming from Quetta. On checking, smuggled goods were recovered from the roof of vehicle. The driver, when enquired, stated that he was not in possession of any documents regarding the legal ownership of the goods, nor he had anything to do with the goods. The goods were off loaded and after preparation of recovery memo, the same were brought to Gaddani. None including the driver claimed the ownership thereof on the spot. Therefore, the goods were seized under section 168 of the Customs Act, 1969 for violation of the provisions of subsection (1) of section 3 of Imports and Exports (Control) Act, 1950, Section 2(s) read with sections 15 and 16 of the Customs Act, 1969 read with S.R.O. 566(I)/05 dated 6-6-2005 and. S.R.O. 499(I)/2009 dated 13-6-2009, punishable under clauses (8), (9), (89) and (90) of section 156(1) of the Custom Act, 1969. Notice under section 171 of the Customs Act, 1969 was issued and placed on the notice board of the Custom House, Gaddani. 3. After hearing the case, the adjudicating officer vide impugned Order-in-Original No.33/2014 dated 8-4-2014 confiscated the goods outright under relevant provisions of the Customs Act, 1969. The goods included Art Cloth 29 bundles (2750 kgs) and Velvet Cloth 05 bundles (220 kgs), which are subject of this appeal. 4. The appellants counsel restricted his arguments to the goods claimed by his client (art silk cloth and-velvet cloth). The counsel pleaded that the impugned order in original may be modified / set aside to the extent of the said goods, allowing their release against redemption fine in terms of Section 181 of Customs Act, 1969. He also produced…

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