KARACHI: A Special Custom Reference Application (SCRA) filed by Pakistan Customs impugning an order in appeal passed by Special Custom Appellate Tribunal (SCAT) was dismissed by a Custom Appellate bench of SHC.
Rashid Arif advocate, appeared for applicant department before the bench comprising Justice Muhammad Junaid Ghaffar and Justice Agha Faisal and argued that respondents failed to produce GD or import documents to discharge the burden of proof that vehicle seized on allegation of being smuggled one.
The show cause notice was adjudicated upon and ONO was passed against the owner/respondent, yet tribunal allowed the Custom Appeal No H_220 of 2019, argued counsel for the appellant department.
SHC bench perused the order of the tribunal which provided an opportunity to the department to verify the claim of the owner that said vehicle was purchased by Noor Habib s/o Hyder Shah from Khalil Motors, Authorized Dealers of Sindh Engineering Company, the importer of Mazda truck.
The tribunal also got verified contents of F.I.R 145/2010 registered at PS Gadap of an accident in which Fifteen vehicles were burnt and two person were killed. The seized Mazda was also burnt in the said accident. The owner after all documentary formalities got the same Chassis number JY_1390 punched and reconditioned the truck purchasing spares and accessories from registered spare parts dealer Shershah.
The bench after perusing all documents as well as order dismissed the SCRA.