Case Details

Citation(s)
2020 SLG 626 2020 SLD 626 2020 PTD 687
Federal Tax Ombudsman
IN THE MATTER OF O.M. No. 0004 of 2018, decision Dated: 27-05-2019.
MUSHTAQ AHMAD SUKHERA, FEDERAL TAX OMBUDSMAN
Justice (R) M. Nadir Khan, Advisor Dealing Officer.

THE SECRETARY REVENUE DIVISION, ISLAMABAD:

Law: Customs Act, 1969

Section: Preamble,7,156(1)(8),156(1)(89)

Law: Imports and Exports (Control) Act, 1950

Section: 3(1)

Law: Prevention of Smuggling Act, 1977

Section: Preamble

Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3),2(3)(i)(d),2(3)(ii),9,9(1),10,10(4)

1)FINDING/RECOMMENDATIONS MUSHTAQ AHMAD SUKHERA, FEDERAL TAX OMBUDSMAN:---.--- This is an Own Motion investigation initiated while exercising powers conferred under section 9(1) of the Federal Tax Ombudsman Ordinance, 2000 (FTO Ordinance), to investigate wide spread reports of presence of show rooms dealing in Non Duty Paid (NDP) smuggled vehicles on main roads of Quetta and further transportation of NDP vehicles to other parts of the country. 2. Notices under section 10(4) of the FTO Ordinance read with Section 9(1) of the Federal Ombudsmen Institutional Reforms Act, 2013 were issued to the Secretary, Revenue Division, Inspector General Frontier Constabulary and Deputy Inspector General of Police. The Collectors, Model Customs Collectorate (MCC), Customs House, Quetta, Gwadar at Gaddani, Directorate Intelligence and Investigation (I I) (Customs), along with Inspector General Frontier Constabulary and Deputy Inspector General (DIG) of Police submitted comments. 3. The Collector MCC, Quetta submitted that the whole of Pak-Afghan border and about 450 km of Pak-Iran border fall within the jurisdiction of MCC Quetta. Added that entire Pak-Afghan and Pak-Iran borders are guarded by Frontier Corps, Baluchistan (FC) and other Law Enforcement Agencies (LEAs). Contended that numerous measures had been taken to curb the smuggling of NDP vehicles from unauthorized routes by establishing new check posts at the outlets of the city, as well as the entire province. Close liaison had also been maintained with LEAs for joint operation in inaccessible areas. Further informed that 130 new sepoys had been recruited and posted at different stations. However, due to lack of weapons, their utility/performance in anti-smuggling related activities, is generally hampered as the smugglers are better equipped with latest automatic and semi-automatic weapons. The Deptt had issued SOP for sale and purchase of vehicles and notices were also issued to the owners of showrooms informing them not to indulge in the illegal business of smuggled vehicles. Added that Raids were conducted on the showrooms in collaboration with other LEAs. After hectic efforts, the Deptt seized following NDP vehicles…
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