KARACHI: The Custom Appellate Tribunal comprising Dr. Naveed ul Haq Member Judicial-II, Karachi deciding an appeal by one Muhammad Sabir who imported a consignment of Plastic bangles, empty boxes and Artificial Jewelry ordered release of plastic banlges confiscated on allegation of being Indian origin goods.

Franklin Law Associates represented the appelant before the Tribunal. The counsel from the law firm challenged the powers of Collector Adjudication to decide technical issue of violation of Import Policy Order and contended that Clearance Collectorate has powers to decide technical issues. It was also contended that Ajman Chamber of Commerce has issued the Certificate of Origin which was accepted by the authorities in respect of other goods of same consignment empty boxes and Artificial Jewelry’s while in case of bangles, same is disbelived on account of name “GARBA” and on the basis of mere search on internet goods were confiscated.

The counsel from Franklin also pointed out that same Collectorate has cleared consignment of identical nature having name Chamak Dhamak, Preet, Bablu, Jodhpur. The Tribunal after hearing Departmental Representative and counsel for Appellant remitting the entire penalty ordered the custom authorities to release the confiscated goods as no misdeclaration could be established by the custom authorities.