Tag Archives: import documents

Preventive Lahore seizes smuggled ACs worth Rs120 million

KARACHI: Anti-smuggling organization (ASO) Preventive Lahore has seized  huge quantity of foreign origin smuggled air conditioners worth Rs120 million.

According to details, the Customs staff of ASO Lahore intercepted a Mazda Truck loaded with foreign origin indoor units and outdoor units of air conditioners, which were detained. During inquiry in said case, it came on record that another huge quantity of similar foreign origin air conditioners had been stored in a godown of M/s Tanveer & Company, situated at Mohallah Salamat Pura, Near Orange Train Daroghawala, Lahore and Moman Pura Lahore.

On the directives of Collector Faiz Ahmed, warrant was obtained from the Judicial Magistrate, Lahore for search of the said two premises owned by one Mughees Tanveer Butt. The search warrant was executed upon the store keepers and further copy of the same was also affixed on the entry gates of the said godowns. At this juncture, Mughees Tanveer Butt came on the spot who, upon asking, stated that he is the owner of the said godowns. On further query, he also stated that the air conditioners lying in the godowns belong to M/s Malik & Co., Karachi and M/s Moon Light, Karachi and the said goods have been stored in the godowns on rent basis. However, on search, conducted in the presence of above said persons and other witnesses, foreign origin 1418 indoor units and 1283 outdoor units of air conditioners were found available in the said godowns.

Initially, the goods were detained for want of import documents and further investigation. Meanwhile, one Majeed Khan s/o Nizam Din appeared and submitted an application along with import documents and contended that he is the owner of the detained goods and requested to allow some time for production of all documents showing lawful import of the said goods.

After a lapse of sufficient time, Majeed Khan or any other person failed to produce any documentary evidence showing lawful possession or legal import of the said detained goods of foreign origin. In this situation, there are sufficient reasons to believe that recovered goods of foreign origin have been smuggled into the country in breach of restrictions and prohibitions for the time being in force and evading payment of duty/taxes leviable thereon. The recovered goods, of import value Rs120 million along with Mazda Truck are seized for contravention.

Since it is not practicable to shift the seized goods to Customs State Warehouse due to paucity of space, therefore, the seized goods are placed in the temporary custody of Mughees Tanvir Butt with the direction not to remove, part with or otherwise deal with the seized goods without prior approval of the MCC (Preventive), Lahore.

Five Contravention Reports served on toy importers

KARACHI: MCC Appraisement has served as many as five Contravention Reports on certain toy importers for evading legitimate government revenue through mis-declaring the description of imported goods.

Officials said the accused importers would get no comfort on account of the provision in their respective Goods Declaration (GD) requesting the authorities to put the containers in examination to determine exact content, relevant factors, weight etc of each item.

Officials said the above mentioned provision was available for scrap consignments only under section 79(1) of the Customs Act, according to which consignment is examined prior to filing/processing of the GD.

The toy importers through inserting this provision in the GD attempted to provide a legal cover to their wrongdoing, and Customs would not practice any leniency on this accord, the official categorically said adding the importers very well knew what they were bringing and yet they mis-declared to evade government revenue.

As many as three Contravention Reports are served on M/s Xing Enterprises and two are served on M/s One Ten World for deliberately concealing the actual description of the goods to take an attempt for getting the goods assessed on suppressed value for evading legitimate amount of taxes.

Sources said 11 GDs have been identified, of which four GDs have been marked for reassessment by Assistant Collector Abeer Javed.

Moreover, scrutiny of these GDs revealed that importers including M/s Xing Enterprises and M/s One Ten World, had not uploaded mandatory import documents including invoice and bill of lading at the time of filing of declaration.

Customs court admits 2 accused to bail

KARACHI: The Special Customs Court at Karachi admitted two accused Faiz Ahmed and Haji Aziz to bail against a solvent surety of rupees 200,000 each in a case of alleged smuggling of grey fabric.

According to details a team from Preventive Collectorate raided a ware house and allegedly recovered Indian made suiting fabric which is banned under import policy. A FIR was lodged by Directorate of Intelligence and Investigations (DIT), Pakistan Customs. The arrested accused were produced before court and were remanded to the custody of custom officials.

Ghulam Hyder Shaikh advocate appearing for the accused in custody submitted that alleged smuggled fabric was lawfully imported and Goods Declaration and other documents of import are available. Once the goods were released through proper channel and after going through standard procedure of clearance, audit etc, the smuggling cannot be alleged.

The Special Court Judge Faiz Rasool Rashidi after hearing the counsel for applicants/accused and perusing import documents admitted the accused to bail against a solvent surety of rupees 200,000 each.

Smuggled auto parts case: Import documents sought by SHC

KARACHI: A division bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Arshad Hussain Khan asked a petitioner to submit documents of import.

The bench was hearing a constitutional petition filed by Arif Autos, Lahore. The counsel for petitioner submitted that they had purchased the seized auto parts from local market and seller had all documents. The bench asked the petitioner to file import documents to establish that the seized goods are lawfully imported.

The bench then fixed May 23 as next date of hearing in the matter.

SHC adjourns tampered chassis vehicle case till Oct 13

KARACHI: A divisional bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Abdul Malik Gaddi on Thursday adjourned hearing of a Special Customs Reference Application filed by Collector Customs, Hyderabad, Model Customs Collectorate (MCC) till Oct 13 for paucity of time.

The appeal was directed against order of Special Customs Appellate Tribunal which allowed an appeal filed by Raza Khan Pathan, owner of a Toyota Hiace van model 1997 against confiscation of the said vehicle intercepted at Railway level crossing , Sukkur.

The customs maintains that the vehicle found to have a tampered chassis as per report by the forensic laboratory and thus was imported illegally without payment of custom duty and other taxes. The Customs/applicant conceded that the SCRA is time barred but not due to the fault of the applicant but due to the reason that order of the appellate tribunal was not conveyed to it and applicant learnt about the impugned judgment only after a years or more.

The respondent/defendant maintains that vehicle was duly registered which necessarily implies that all relevant documents including import documents were submitted to the Motor Vehicle Registration authority which after scrutinizing all the documents have issued the registration number.

Today when the SCRA was taken up, the counsel for applicant was not present while Ms. Dil Khurram Shaheen advocate, counsel for respondent was in attendance. The bench however due to shortage of time and heavy board adjourned further proceedings till Oct 13 when  SCRA’s of identical nature are already fixed for a final hearing and disposal.

Customs I&I (ASO) seizes five smuggled cars, FIRs lodged

KARACHI: The Directorate General of Intelligence & Investigation –FBR (Customs Anti-smuggling) has lodged six FIRs against different individuals for registering smuggled or non-duty paid vehicles with Motor Registration Authority without the cover of import documents.

Director I&I Asif Marghoob Siddiqui has launched a campaign against the smuggled and non-duty paid vehicles.

Teams were constituted and several vehicles were intercepted for verification of documents. A Toyota X Corolla valuing Rs1.5 million involving duty and taxes of Rs4.3 million was seized and FIR was lodged against the possession holder Muhammad Farooq s/o Mohammad Akbar Thaheem.

A Toyota Crown valuing Rs1.0 million involving duty and taxes of Rs2.9 million was seized and FIR was lodged against the possession holder Ibe-e-Masood Masudi s/o Abdul Hai.

A Toyota Mark-X Crown valuing Rs2.94 million involving duty and taxes of Rs7.7 million was seized and FIR was lodged against the possession holder Rizwan Raza s/o Mohammad Raza.

A Mitsubishi Pajero valuing Rs3.0 million involving duty and taxes of Rs7.4 million was seized and FIR was lodged against the possession holder Muhammad Arshad s/o Khyber Zaman.

A Suzuki Swift valuing Rs0.8 million involving duty and taxes of Rs0.95 million was seized and FIR was lodged against the possession holder Uzair Ahmed Mangi s/o Atta Muhammad.

Vehicle auction case: SHC fix Aug 18 as date of hearing

KARACHI: A division bench of High Court of Sindh (SHC) comprising Justice Iraf Saadat Khan and Justice Arshad Hussain on Friday fixed Aug 18 to hear a petition against alleged illegal auction of a Toyota Hilux (4X4).

Syed Muhammad Ashar Zaidi, petitioner moved the court citing Collector of Customs, Adjudication I, Director General Intelligence and Investigation as respondents maintains that respondent officials of I&I detained his vehicle bearing registration number CS 5012 on ground that it was smuggled one and plying on road without payment of duty, taxes etc.

The petitioner maintains that the vehicle was duly and lawfully imported by Toyota Indus Motors in 1994 and was purchased by the Inspector General Police Sindh on  18-5-1994. The vehicle remained in use for 13 year under number SP-4855 and was then sold through public auction and was purchased by one Taqadus Hussain who got it registered from Motor Vehicle Registration wing after submitting all relevant documents.

The vehicle was in possession of petitioner when on 26-5-2015, it was detained by the Customs. The petitioner was given 5 days time to submit/show the import documents for release of his vehicle. The petitioner then filed an appeal before the Collector Adjudication and later before Special Customs Appellate Tribunal and while appeal was pending before the tribunal, Customs auctioned the vehicle.

The petitioner prays to the court to declare the said auction illegal, restrain the respondents from handing over the vehicle to auction purchaser and lastly to declare that vehicle was lawfully imported by the Toyota Indus Motors.

Today the bench adjourned the hearing for paucity of time, fixing Aug 18 as next date of hearing when it will be heard and decided. It is worth mentioning that Customs recently paid a compensation of rupees 1 million to a petitioner in an identical case wherein respondents sold a double cabin pickup.

SHC direct Customs to produce all FIR’s against clearing agent by Wednesday

KARACHI: Pakistan Customs, Appraisement (West) was directed by a divisional bench of High Court of Sindh (SHC) comprising Chief Justice Sajjad Ali Shah and Justice Zulfiqar Ahmed Khan to place on record all FIR’s lodged against a clearing agent Sharjeel Jamal by Wednesday.

The bench was hearing a petition seeking quashing of 13 FIR’s registered by Collectorate of Research and Development (R & D), against him on alleged charge of mis-declaration in the Goods Declaration (GD) in at least thousands of cases. So far, more than 100 cases have been detected by the Customs.

Today Barrister Faroog Naseem appearing for the petitioner submitted that the manifest submitted on automated system was in complete consonance with GD. He said that clearing agent has no role as the goods in dispute have been “out of charge” and sold out in the open market. It was a past transaction not closed, submitted Kashif Nazeer Advocate, counsel for Pakistan Customs.

The counsel for petitioner submitted that FIR is without jurisdiction as petitioner acted upon the instructions of the importer. He referred to the section 3, 4 and other relevant sections defining the powers of the custom officers and said the sections in the FIR did not empower them to lodge the same. He said that petitioner was harassed, detained in the name of interrogation despite bail obtained from single judge of SHC. He is being targeted dash he has been a complainant against senior custom officials. The petitioner also informed the bench that he filed a constitution petition before Islamabad High Court against Custom Officials and stated the names of officers involved in 8000 missing containers case.

Kashif Nazeer Advocate in his concise and brief arguments said that custom act empowers the respondents to lodge the FIR. Relying on section 192 of the Customs Act 1969, he stated that even a private person can give information to a Customs Court of an offence and thus a custom officer cannot be barred from informing the Customs Court. We have just informed the court and it was for the court to take cognizance or otherwise, he submitted.

He then cited relevant sections of the Customs Act and said that an importer and agent, both are liable in case of any illegality, commission or omission. The agent is responsible for GD filed and if incorrect, a criminal liability follows. In case of bona fide mistake, penalty can be imposed; he argued opposing the petitioner’s plea.

Ghulam Nabi Kumboh, Dupty Collector R & D West and Investigating Officer Shahid Irabhim Dasti on a query by the court said that petitioner has tampered the import documents and while goods were loaded from India and landed at UAE with final destination as Pakistan manipulated the Mater Bill of Landing showing that consignment originated from China. We have investigated four cases, which lead to 29. 13 out of 29 lead to over a hundred cases and we anticipate at least 1300 cases of mis-declaration.

Kashif Nazeer advocate concluding his arguments submitted that consignments fell under prohibitory banned item class which were liable to be confiscated and petitioner was liable to pay 200 per cent fine. He submitted that petitioner is not ready to join the investigations and is taking refuge behind law.

The bench asked that how many FIR’s have been lodged. The custom’s counsel said that so far four FIRS could be confirmed as MCC east also had some cases besides MCC West.

The bench put of further hearing until Wednesday fixing hearing at 11 a.m, directing the Custom officials to place on record all FIRs; registered against the petitions until today (March 01) observing that petitioner will then seek bail from trial court in next ten days during which he will not be arrested.