KARACHI: A Special Custom Reference Apllication (SCRA) filed by Collector Custom (Enforcement) impunging an order passed by Custom Appellate Tribunal, Bench III, Karachi in a foreign fabric case was allowed by a custom appellate bench of High Court of Sindh.

As per details, 40500 kilogram fabric was confiscated from a Karachi godown on 26-10-2020. The sized goods were owned by Abdul Razzak & Brothers. The owners could not produce relevant documents as to import of the goods legally after which an Order in Original was passed against and 60 per cent of the goods which were proved to have been smuggled goods were ordered to be confiscated.

The Order in Original was challenged in Custom Appeal No 7406/2021 before Custom Appellate Tribunal Karachi and Bench No III deciding the same ordered release of goods on payment of duty and taxes.

The order of the tribunal was assailed in the instant SCRA filed by Collector of Customs, Enforcement.

The SHC appellate bench after hearing arguments of counsel for the parties including Miss Dil Khurram Shaheen for respondent owner, held that smuggled goods which have been confiscated cannot be release even in lieu of payment of re-demption fine. The bench held that order of the tribunal was directly in conflict with provisions of law and hence not sustainable.

The bench then allowed the SCRA modifying the impunged order to the extent of 60 per cent smuggled fabric of assorted brands and types.