QUETTA: A custom appellate bench of Balochistan High Court allowed four identical custom reference applications filed by Director ‘Directorate of Transit Trade’ Quetta setting aside order of Custom Appellate Tribunal, Quetta at Karachi which ruled in favor of Bonded Carrier truck driver and Custom Clearing agent.
As per details the Transit Trade Directorate got credible information about pilferage of goods en-route to Spin Boldak, Afghanistan. A team headed by Deputy Director, Transit Trade raided a godown namely Hahi Muhammad Amin godown where only a watchman was present. The team found that textile fabric of Chinese origin was removed and 800 bags of Urea of Fauji Fertilizer brand were stuffed in container No BEAU-6039429. The raiding team seized the goods and contravention was filed. The matter was adjudicated by Adjudication collector who imposed penalties on Messes E-Movers Bonded Custom carrier, clearing agent and driver of trawler who were charged under section 2 (s), 129 of Custom Act 1969 read with different rules and SRO No-459(1) of 2001.
The Order in Original was issued on 20-1-2022 wherein goods recovered were ordered to be confiscated along with vehicle and container the respondents then filed Appeal No 232.263, 264, 283 before Custom Appellate Tribunal which ordered release of goods and also waived off the penalties imposed for violating the Afghanistan Pakistan Transit Trade Agreement dated 2010. The consolidated order by Tribunal was then challenged through instant CRA’s.
During course of hearing it came to fore that two CHAL’s No 2556 and 3113 were used with same name only by changing Capital “E” with small letter “e” using name E-Movers۔ The main argument of counsel for respondent Bonded Carrier was that E Movers was not given SCN and hence condemned UN heard
The bench perusing the documents found that both bonded carriers involved have same address,phone number and other details but shown as two different entities while in fact these are misused to defraud and confuse the custom authorities. The bench held that existence of two companies having same name is violation of Trade Mark laws also. The bench after arguments from both sides. In detail sat aside orders of Custom Appellate Tribunal while maintaining Order in Original. The bench also directed Chief Collector Quetta to initiate investigations against bonded carrier E-Movers.