KARACHI: A common judgment passed by Custom Appellate Tribunal, Karachi bench in respect of two Goods Declaration pertaining to Cutch Block declared as of Thailand Origin but in fact of Indian Origin, was remanded back with direction to decide the same preferably in 90 days from today.
The bench earlier heard Khalid Rajpar Advocate, counsel for Directorate of Intelligence & Investigations Pakistan Customs who contended that two separate GDs were filed by the claimants declaring the 387 Cartons of Cutch Block to be of Thailand origin whereas the goods were of Indian Origin. He further contended that the tribunal failed to give a finding on fact and thus erred in law and facts and hence judgment and order of release is illegal.
The bench in its order noted that “Tribunal has merely mentioned the GD number and has drawn a final conclusion by setting aside the impugned orders without first examining the goods declaration and coming to a final conclusion that quantity and description mentioned in the goods declaration actullay corresponds with the seized goods. Such conduct on the part of the Tribunal cannot be appreciated as it becomes very difficult for this Court under its Reference Jusridiction to decide such matters. Therefore having left with no other option but to set aside the impugned judgment we hereby remand the matter to the Tribunal to decide afresh strictly in accordance with law and after ascertaining the true facts available on record”. The bench then setting aside the order remanded back to trinbunal to decide in next 90 days time.