VERNMENT OF PAKISTAN CTORATE OF CUSTOMS (ADJUDICATION) CUSTOM HOUSE, QUET \ COSTOMS ORDER IN.OMIGINAL NO. 9, 72020 Passed by: KQALID HUSSAIN JAMALE Seizure Cas/Repoit No, Se CuseAZicr-KOLPURAORO 2 Date of Institution. 16.00.2020 3 Petitioner Deputy Collector, MCC (P&C), Quetta 4. Respondent(s) P etitanmnad Yasi Slo Muhammad Saleem (for Goods Se. 11) 2 Hafiz Ullah S/o Muhammad Usman (for Goods at Sr. 09) 3, Abdul Kareem & Abdul Aziz (for Goods at Sr. 14) 4, Mahaminad Ibrahim S/o Aminullah (for Vehicle) 5. Un-Known (For Reinaining, Seized Goods) Date of Hearing, 106,07,2020, 16.07.2020, 10.08.2020 & 22.08.2020 Date of Onder 22.08.2020 Present : For the Petitioner Mr. tbrahim Soomro (D/R) For the Respondent(s) 1. Mr. Mazhar Ali Khan, Advocate (for Goods at Sr. 11) 2, Hafiz Ullah S/o Muhammad Usman (for Goods at Sr. 09) 3, Muhammad Ibrahim S/o Aminullah (for Vehicle) 8. This copy is granted free of charge forthe private use ofthe person to whom itis issued. 8. Appeal against this order lies before the Appellate Tribunal (Customs) Jamil Chambers, Behind ‘Cooperative Market, Saddar, Karachi within 60 days of the date of communication of this order. 10. An appeal should bear appeal fee Rs.1000/-, 11, The Appellant(s) should state in his / their appeal, whether he / they desire(s) to be heard in person or through a pleader. Brief facts of the case as reported by the MCC Quetta are that during the course of routine checking at 1 Abdul Qudoos Customs Check Post Kolpur on 16.05.2020 at about 10:30 pm, the staff of Shaheed 1 Qudoos Customs Check Post Kolpur, held picket at Customs Check Post Kolpur a vehicle was seen fom Quetta side which was signaled to stop by the staff of Customs instead of stopping the driver of hte accelerated the speed after chase of 5 km the driver of the vehicle left that vehicle unattended before Zing of Customs Staff. The Customs Staff took the possession of the goods loaded in the vehicle. No one ‘came forward to cleim the ownership of said goods on the spot. Therefore, the staff of Shaheed Dr. Abdul {Qudoos Customs Check Post Kolpur seized the smuggled goods alongwith vehicle under Section 168 of the Custom Act 1969, for violation of the provision of section 2(s), 16 of the Customs Act. 1969, read with ‘SRO,566(1/2005 06.06.2005 sub section (1) of Import and Export (Control) Act, 1950 punishable under clause, 89 of section 156(1), 157(2) of the Customs Act, 1969 under proper re recovery memo. Notice under section 171 of the Customs Act, 1969 was issued to the unknown persons and also displayed on the Hars Notice Board. ‘The details of the seized vehicle and goods are as under:- ‘Si |Description of goods/vehicle | Quantity ___ CIF Value Duty & Taxes 1. | ZGold Gutkha Flo, 80 Bags Rs. 2,520,000 Mf: date March 2019, Each Contains 50 Pkts of Exp: date March 2021 100 poucives, (Total 400000 Pouches) Z| Marina Gutkha F7o, Cron Bags Rs. 693,000 Mf dated July 2018, Bach Contains 50 Pkts of Exp: date June 2020 100 pouches |. (Total 110000 Pouch & 3] 2 Gata Fe, TO Dag has 330750 Mf dated March 2020, Each Contains 50 Pkis of Exp: March 2022 a pouches Scanned with CamScannerMf date May 2019 — (i Exp: date not mentioned Guat To Gach Conains kis of 100 pouches : 3._| Pine Cigarettes (Total 200000 Pouches) (Made in Korea) eee Rs. 196,000 ach contains 56 sticks of 6. _| Tradition Cigarettes 40 Packets, | (Foreign Origin hoon Bs. 84,000 each ne 30 sticks, of 7 — od] "5 Begs Rs. 175,500 each bag Contains 25 kg | 8. | Plastic Shoppers 7 (Foreign Origin) cach contains 25 kg | 5 (Total 875 kg) I Each Contains 22 kg (Total 396 ke) i 20 Cine: Rs. 134,400 Each contains 6 Cans of, Mf date 02/8/2019 04 ltrs: (Total 480 Itrs:) —LEswiny sot mentioned (desks) —_ rl ‘Dove Soap 60 Cins Rs. 241,920 Kok German Origin) Each Cin: contains 48 Nos y yy | (each of 135 gm) a (otal 2880 Nos) fies Printed Cloth (Foreign 280 kgs Rs, 294,000 gin) Perks, 1500 se condition) a lies Plane Cloth Foreign ‘140 kes. T Rs. 147,090 Origin Per kg 1500 (Loose condition) Total: Rs. 13,115,095 _| Rs. 3,424,068 15. | Bed Ford Truck Reg: No. TKN-627 co. : : (06 wheeler) Chassis No. 8542193 L 13. The owner (9)/ claimant(s) of the above-mentioned vehicle & goods were called upon in terms of Section 180 of the Customs Act, 1969 to show cause as to why the seized goods and vehicle should not be confiscated under clauses 89 of Section 156(1) aud 157(2) of the Customs Act, 1969, for violation of Section 2(5), 16 ofthe Customs Act, 1969, read-with SRO $66(1)/2005 dated 06.06.2005, further read with Sub-Secti (Hof Section 3 of Imports and Exports (Control) Act, 1950. Accordingly, Show Cause Notice was issued. 14, Hearings in the instant case were fixed for 06.07.2020, 16.07.2020, 10.08.2020 & 22.08.2020. Mr. Mazhar Ali Khan, Advocate appeared on behalf of the claimant/owner before the undersigned for the seized ‘goods at Sr. No. 11 of the table at para 12 above and reiterated the same contention which he had already put forth in his written submission. He finally requested to release the same against payment of duty & taxes. One namely Hafiz Ullah S/o Muhammad Usman appeared before the undersigned for the seized goods mentioned at Sr. No, 09 of the table at Para 12 above and contended the same contention which he had already put forth in his written submission. He requested for its release against payment of duty & taxes. Mr. Muhammad Ibrahim ‘S/o Aminullah appeared before the undersigned for the seized vehicle and reiterated the same contention which he had already put forth in his written submission. He requested to release the same as he claimed that it has bona fide status. No one appeared for the remaining seized goods. However, an application was received from Abdul Kareem S/o Kaloo Khan and Abdul Aziz S/o Gul Ahmed through their Counsel in respect of seized Scanned with CamScannerditional ame url2r 1 but neither their counsel nor they themselves n ;PPeated before the undersigned to contest the charges levelled in ‘Show Cause Notice. Fore th ign Be: 13. The DR pressed the same alle; ations 4s contained in the Show Cause Notice. The DR requested to decide the case on merits and on the bas nota 7 ls of available recor, RDE 16. have gone through the record af the the sides. The point of issue isthe leyal status, 11 and elaimanvowner for the seized goods at $i legal import do ase ant coasideved oral as well as written submissions of both the seized goods. The Counsel for the seized goods at Sr. No. No. 09 of the table at para 12 above failed to produce any ments. This fact proves that the goods are non-duty paid. Therefore the same are confiscated Lunder clauses (8) anit (89) of Section 156(%) of the Customs Act, 1969 for violation of Section 2(s) readwith SRO S96(1) (2005 dated 06.06.2005 and Section 16 of the Customs Act, 1969 further read with sub-section (1) of section 3 of Imports and Exports (Control) Act, 1980, However considering the request of the Counsel for the seized fo ASN 8 request of claimantowner for the seized goods at SpsNNOZO9°OE the table at para 12 above that same may be redeemed by way of payment of duties/taxes, an option under section 181 of the Customs Act, 1969 readwith SRO 499(1)/2009 dated 13.06.2009 is given to claimant (s)/owner (s) of the seized goods against payment in terms of clause (8) & jection 156(1) of the Customs Act, 1969 is ‘on claimant/owner of the seized goods at S1. No. 1 of the table at para 12 above. A personal penalty of Rs. $0,000 (Fifty Thousand Rupees) in terms of clause (8) & (89) of Section 156(1) of the Customs Act, 1969 is also imposed on claimant/owner of the seized goods at Sr. No. 09 of the table at para 12 above, The Seizing Agency is directed to hand over the seized goods in preceding, terms after proper verification of 156(1) of the Customs Act, 1969 for violation of Section 2(6) readwith SRO S66(I) 12005 dated 1S and Section 16 of the Customs Act, 1969 further read with sub-section (1) of section 3 of Imports ‘As forthe seized vehicle, the same has been used for cairiage / removal of offending goods. Therefore, it is confiscated under Section 157(2) of the Customs Act 1969, However, nothing has been placed on record by the Seizing Agency to the effect that the vehicle is hit by clause (b) of the preamble of SRO 499(1)/2009 dated 13.06.2009. Therefore, keeping in view the request of the claiman¥Vowner of vehicle that it has bona fide status, an option under Section 181 of the Customs Act, 1969 read with SRO 499(1)/2009 dated 13.06.2009 (in terms of Board's letter No. 10(17)L&P/05 dated 26.06.2006) is given to the lawful claimanVowner of the seized vehicle to redeem the same against payment of redemption fine equivalent to 20% of the ascertained Customs Value subject to condition that the vehicle is already lawfully registered in the country with the relevant Motor Registration Authority and has not been previously used in the act of smuggling. The Seizing ‘Agency is also directed to complete the verification process regarding legal status/lawful registration of the impugned vehicle and get the vehicle lab tested (FSL) to ascertain as to whether its chassis number/frame is genuine or otherwise in terms of Board’s letter No. 1(12)E&C/2019 dated 18-11-2019 before releasing the vehicle in terms of above conditions. In case of adverse findings, necessary action may be taken accordingly. ‘These aspects are to be verified by the seizing agency before release of the vehicle. A personal penalty of Rs, 100,000/. (Rupees One Hundred Thousand Only) in terms of clause 8 & 89 of Section 156(1) of the Customs Act, 1969 is also imposed on lawful claimant/owner of the seized vehicle for carriage of offending Bods, 18. This order contains Four (04) pages and each page bears-ray initials and official seal. THROUGH REGISTERED post TO: |. Un-Known (for Remaining Seized Goods) MCC (B&C), Custom House, Quetta, tice Board, Scanned with CamScanner2 Challan and cash paid into the CENTRAL Challan No. National Bank of Pakistan cr Custom House Quetta Name (er J Bywhom tendered | Pesnatlon) & | ean punteuors of remittance and | Order to the whose behalf authority Bank money is paid | RV Fine in addition to levibale duty & 5 6 taxes plus porsonal ponalty Imposed @ ‘on Qwner/Claimant of the goods |. Mr. Muhammad éeu Zoora Flo 83 bags oach bag oe 5B gg | containe 60 kgs total 4180 kyé vide Muhammad BOB 8 | Order-in-ciginal No. 73/202q/dated Saleem CNIC No. SHS | 22.00.2020 Passed in Solzu 37302-5241957-7 3s Caso.No.54-Cus/Solz/SDAQ-| 8 GPikojpur!2020, 2 Dated: 16,05,2020 Ss MF ‘SB No. 01(0309)SEZ2020 acc 4 cormesount Description Froud : B-02100 st Customs Duty Rs. aa B-02300 Sales Te ~ Fe 203196 8.01101 | income Tax meres 7 172119 5.02051 | ast Re 35858 sozos [RO ne 5 8.02108 | Personat Penatt nally Rs. i B-02104 Fine/Others Rs. 227671 B-02203 EDS Rs, 0 8.02405 | FED _ 7 B-01188 WHT Rs. 0 G-11210 | Agricess = ai B02100 | ACD Rs. 22767 74s,7621- Accountant \@ a este mH To oer aug Scanned with CamScanner