KARACHI: A custom appellate bench of High Court of Sindh (SHC) ordered issuance of notices to the respondents for an unspecified date while suspending order passed by Judicial Member of Customs Appellate Tribunal Karachi which heard the case despite not having pecuniary jurisdiction.
The order came during hearing of Special Customs Reference application No 433 of 2024 filed by Directorate of Intelligence & Investigations (D.I.T) through counsel Khalid Mehmood Rajpar advocate who raised a number of questions of law hearing out of the impugned judgment given by the customs appellate tribunal including issue that whether the appeal was to be heard by a single member or two member bench as goods seized were worth over Rupees 5 Million.
The counsel for applicant department also pointed out that appellant before the tribunal never claimed the ownership of recovered goods. As per details DIT got credible information that smuggled goods in huge quantity are lying at 100 ft Road, Yousuf Goth Karachi for further illegal sale in the market. DIT officials with a team of Pakistan Rangers raided the said area and found miscellaneous foreign origin smuggled goods packed in bags and cartons and include Plastic Shoppers, Plastic Dana, Skimmed Milk etc. No one came forward to claim ownership of these goods. The Order in Original was also passed ordering confiscation of goods which was appealed in Custom Appeal No K-422/ 2023 citing the Collector Adjudication I and Director D.I.T as respondents.
The appeal was allowed as appellant expressed willingness to pay leviable duty and taxes if released in favor of appellant. The single member modified the Order in Original to the extent of payment of duty and taxes.
Aggrieved by judgment of the tribunal, the instant SCRA was filed.