Law: Customs Act, 1969

Section: 2(s),16,89,168,156(1),89

Customs Act (IV of 1969)--- ----Ss.2(s), 16, 89, 168 & 156(1), Cls. 8 & 89---Imports and Export of (Control) Act (XXXIX of 1950), S. 3---SRO 566(I)/2005, dated 06-6-2005---Smuggling----Seizure and confiscation---Locally manufactured goods alleged to be foreign origin goods---Non-payment of duty and taxes---Customs Department intercepted a container, checking of which resulted into recovery of cloth---Customs Department confiscated the subject goods alleging the same as foreign origin/smuggled cloth---Claim of the appellant/owner was that the seized cloth was locally manufactured---Validity---Local commission was duly appointed on the request of appellant to independently verify the factual position of goods as to whether the confiscated goods were locally manufactured or not---Local Commission Report as well as photographs of the producing manufacturer and certificate of Chamber of Commerce furnished by the appellant/claimant had verified that the seized goods were locally manufactured and were not of foreign origin---Respondent/Department had failed to prove the allegation of foreign origin/ smuggled cloth as leveled in Show-Cause Notice and impugned order---Customs Appellate Tribunal set-aside impugned order-in-original and directed the Respondent/Department to release the impugned cloth to the appellant---Appeal was allowed. JUDGMENT SHAKIL AHMED ABBASI, MEMBER JUDICIAL-III.----By this order, I intend to dispose of Customs Appeal No.H-7255/2021 dated 12.06.2021 directed against Order-in-Original No.58/2021 dated 12.03.2021 passed by the learned Collector of Customs (Adjudication) Quetta Camp Office at Hyderabad. 2. Brief facts of the case are that a credible information was received to the effect that on 04.01.2021 the Customs staff intercepted a Container / Trailer bearing Registration No. C-2163 bound from Mangora to Karachi on 04.01.2021 on National High Way, Near Ranipur Toll Plaza. The checking of the vehicle resulted into recovery of foreign origin non duty paid Cloth and Talcum Powder. On inquiry from the driver namely Zahid Hussain son of Bagh Zamaeen, about the lawful possession of the recovered goods, he produced Bilty Nos.5112/03 dated…

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