SHC remands Special Customs Rerference Appeal to Tribunal

KARACHI: A division bench of High Court of Sindh (SHC) on Friday disposing of a SCRA (Special Customs Reference Appeal) back to the tribunal directed that appeal of the applicant be decided in 30 days considering the Chemical Report.

The bench earlier heard counsel for accused Miraj Gul who cited Customs Tribunal (Member Technical) bench II, Collector Custom Appeal and Deputy Collector, Adjudication, Directorate of Investigations and Intelligence (I&I). The applicant/appellant maintain that ASO of I&I on 25-6-2014 intercepted an oil tanker at PSO Pump, Ghaas Mandi while it was unloading the material. ASO staff arrested the driver and Manager of the pump on allegation of being in possession of smuggled Iranian petrol.

The applicant/appellant maintain that confiscated consignment was FEO-250, produced and sold by Byco Company and that the accused tendered the sale receipt of 18000 litres.

The tribunal remanded the case to the Collector Adjudication, against which the appeal was filed. The counsel for customs Kashif Nazeer submitted that law point in the case is the power of the tribunal to remand back a case.

The bench however after hearing the sides disposed of the application directing the tribunal to decide the matter within 30 days considering the chemical test report which was placed on record by the counsel for Pakistan Customs. According to the report by Hydro Carbon Development Institute of Pakistan, Karachi Laboratories Complex the sample results do not match GOP specification for Motor Gasoline 87 RON.

The bench also ordered the parties to appear before the tribunal on Dec 30.

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