Law: Customs Act, 1969

Section: 2(s),16,156,157

Customs Act (IV of 1969)- -Ss. 2(s), 16, 156 & 157-SRO No. 1090(I)/2010, dated 1-12-2010- Smuggling of vehicle-Confiscation of vehicle-Appellant, having failed to produce valid registration and other legal documents in respect of vehicle in question, Additional Collector Customs confiscated vehicle, seized by F.C. troops-Appellant raised objection to the effect that seizure was conducted by "Subedar" of the FC under S. 157 of the Customs Act, 1969, who was not authorized to seize the vehicle under said section in the light of S.R.O. No. 1090(l)/2010, dated 1-12-2010- Objection of the appellant was not sustainable as the show-cause notice was issued to the appellant for violation of Ss.2(s) & 16 of the Customs Act, 1969 and the appellant had not raised any objection at the time of show-cause notice-'Subedar' of FC Force was competent to seize the vehicle-Impugned order of confiscation passed by Additional Collector Customs (Adjudication), was upheld, in circumstances. THIS JUDGMENT DELIVERED BY: SYED SARDAR HUSSAIN SHAH, MEMBER (JUDICIAL):---.--- This appeal is directed against the impugned order dated 09.09.2015 of the Additional Collector Custom-(l) Peshawar, whereby he confiscated vehicle Fielder Car, Chasis No. NZE121-0277669, Engine No. FE-1496 and Model 2003, seized by FC, troops of Khyber Rifle during routine Anti-smuggling duties at Bhigyari Check Post vide seizer report No.77/2015 dated 14.06.2015 from Usman son of Ali Khan (hereinafter called appellant). 2. I have heard Mr. Ajoon Khan, learned counsel for the appellant and Muhammad Azeem Superintendent/DR, Customs (representative of the respondents) and gone through the record with their assistance. 3. Counsel of the appellant argued that the seizer was conducted by Subidar Habib Gul Afridi of the FC under section 157 of the Custom Act 1969, while under the law he was not authorized to seize the vehicle under section 157 of the Custom Act in the light of S.R.O. 1090(I)/2010 dated 01.12.2010. He further argued that Sections 2(s) and 16 of the Act are not mentioned in the seizer report. 4. Perusal of SRO 1090(I)/2010 dated 01.12.2010, reveals that officers of the Pakistan Rangers, Frontier Corps…

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