Law:

Section: 128,129,156(1),Clauses(63),(64)

NOTES: Pilferage or theft of goods Contents /material inside the Container did not match with the declared description Police under interim challan had reported to have busted the gang and the investigation revealed that gangsters had made theft in transit container in connivance and with the concerned driver of the trawler Under agreement between United States of America and Pakistan for handling military cargo to and from Pakistan, United States had nominated the appellant for providing logistical support services for transit of military cargo through Pakistan. Department had failed to justify act of commission on the part of Collectorate of Customs M.C.C. (Preventive) and Directorate of Transit Trade. Officials of Directorate of Customs M. C. C. (Preventive) had no jurisdiction to conduct raid within the premises of the Port. Such action of the Directorate was declared to be without jurisdiction and legal sanctity. Impugned order-in-original having been issued consequent to illegal action on the part of Directorate of Customs MCC (Preventive), same was nullity in the eyes of law and was set aside being a void order. THIS ORDER PASSED BY: MUHAMMAD NAZIM SALEEM, MEMBER TECHNICALII:---.--- This order disposes of Customs Appeals Nos. K-1117/2014 and K-1559/2014 and Misc. Application dated 02.02.2016 filed under Rule No. 1 of Order-1 of Civil Procedure Code (Acts of 1908) for Joining as party/appellant in Appeal No. K. 1559 of 2014 filed against Order-in- Original No.77/2014-15 dated 29.08.2014 passed by the Collector of Customs (Adjudication-1), Karachi. Both the appeals involve identical issues of law and facts besides these cases were decided at adjudication stage through a single Order-in-Original No.77/2014-15 dated 20.01.2014. In view of aforementioned position, the same were heard together and are being disposed off simultaneously through this common order in the light of judgment of the Hon'ble High Court of Sindh in Customs Reference No. 157 of 2008 - S.M. Naqi son of Syed Muhammad Hussain, Karachi v. Collector of Customs (Adjudication-I) and others. 2. Brief facts of the case are that in the year 2012, an MOU was signed between the US Government and the…

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