Law: Customs Act, 1969

Section: 15,16,89,90,156(8)(9)

Customs Act, 1969 (IV of 1969)-- ----Ss. 156(8) (9) 89 & 90--Carrying of foreign currency in excess to prescribed limit--Recovery of--Seization of currency--Application for return of currency--Dismissed--Appeal--Dismissed--Violation of law--Application for condonation of delay--Question of--Whether reference was file within stipulated period of 90 days, and if not what would be its fate--Challenge to--In absence of any specific plea taken in rebuttal assertion made by applicant is to be believed, thus delay if any occurred in filing of instant Reference is condoned for reason--Currency was asserted to be recovered from one person i.e. Ali Khan, who was apprehended and charged--To prove his claim he (applicant) neither before Adjudicating Authority, nor before Appellate Tribunal produced any paper to show that in fact he was travelling in same flight, with Ali Khan--Neither passport was produced, nor ticket or boarding pass to establish that they in fact were travelling in same flight--Foreign currency might have been purchased from authorized currency dealer, though authenticated, but would not bring any change as case was not of purchase of foreign currency, rather it was carrying of money aboard in excess contrary to Foreign Exchange Manual 2002, thus to be dealt accordingly--Order in original was passed with correct appreciation of facts and law, and suffered with no illegality, and Appellate Tribunal rightly upheld order in original, thus no illegality committed by respective forums--Reference dismissed. THIS ORDER PASSED BY: MRS. SYEDA TAHIRA SAFDAR, J.- The applicant Noor Ali son of Abdul Ghaffar approached this Court to question legality of the order in original dated 31st July 2012 passed by the Assistant Collector Model Customs Collectorate, Chaman Road, Quetta, whereby his claim for return of the foreign currency already seized was declined, rather its confiscation was ordered as mandated by Section 156 (8), and (89) Customs Act 1969 (Act 1969), and order dated 12th August 2014 of the Customs Appellate Tribunal, whereby the request in the appeal was declined, while the order in original was upheld. 2. The applicant pressed the instant Reference on…

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