KARACHI: – An appellate bench of High Court of Sindh hearing a Special Customs Reference Application adjourned proceedings till Nov 08 directing the customs department to seek instructions and argue the case on next date of hearing.
The reference was filed by Additional Director, Directorate of Intelligence and Investigations, FBR versus Member technical, Customs Appellate Tribunal, Bench –I and Feroz Murad accused of smuggling 22000 liters of HSD of Iranian origin.
According to details ASI, Muhammad Ayaz Khan, Intelligence Officer, Zaman Town PS, East on 15-4-2014 intercepted an oil tanker bearing registration number TTA 221 carrying 22,000 liters of High Speed Diesel. The truck was seized and handed over to the customs authorities. The two accused Feroz Murad, driver and cleaner Liaquat Ali were also taken into custody.
The customs registered a case which was adjudicated upon by Deputy Collector Adjudication on 27-6-2014 wherein the alleged smuggled HSC was confiscated under section 2 (s) o and 16 of the Customs Act 1969.
The accused/respondents submitting a purchase invoice from M/S Hascol submitted that Diesel was not smuggled one, legally purchased and was being transported for a pump in TandoJam.
The respondents challenged the decision by the adjudicator before the Appellate Tribunal which allowed the appeal and consequently an order under sub section 3 of the Section 194-B of Customs Act 1969 was served upon applicants/appellant Customs department which was impugned in the special reference application.
The customs maintains that Appellate Tribunal failed to understand subsection 2 of section 156 and 187 of the Customs Act 1969. The SHC was prayed to decide that whether banned goods could be released by the Customs Appellate tribunal.
When the case came up for hearing, the counsel for respondent drew the attention of the court to certain subsequent facts which he maintained were relevant to the controversy. The counsel relying on a number of documents supplied the copy of the same to the counsel for customs.
The bench comprising Justice Muneeb Akhtar and Justice Zulfiqar Ali Khan after hearing the sides asked the counsel for Pakistan Customs to seek instructions and argue the case on Nov 08.