GOVERNMENT OF PAKISTAN

OFFICE OF THE ASSISTANT COLLECTOR, CUSTOMS, SUKKUR

MAIN SHIKARPUR ROAD, SUKKUR- Ph: FAX:071-9310793 : Sup: 071-9310794

C. No.27-Cus/Seiz/JOB:CP/2021-2022/ Dated: -12-2022

The Deputy Collector (Law)

Collectorate of Customs
Hyderabad.

Subject: - CUSTOMS APPEAL NO.H-802, H-810 and H-811/2022 DATED

13.09.2022

Please refer to the subject quoted above.

For seized goods

(a) That while passing the Order-in-Original No.47, dated 07.03.2022 the

Collector, Collectorate of Customs (Adjudication), Quetta Camp Office @

Hyderabad has miserably failed to consider that the seized cigarettes are

counterfeit and smuggled one, documentary evidence i-e Trande Mark

Certificates Nos.73468 dated 31.01.2022 and 73468 dated 09.02.1981 issued by

the Trade Mark registry, Karachi whereas produced Sales Tax Invoice No.07

dated.19.10.2020-21 and 04 dated. 13.10.2021, issued by M/s Saleem &

Company Bawalnagar and M/s Muzafar Saeed Enterprises Juranwala. The plain

reading above documents show that the there is clear contradiction in the sam.

Thus there is valid reason to believe that M/s Saleem & Company Bawalnagar

and M/s Muzafar Saeed Enterprises Juranwala is involved in itticit trade of

counterfeit products.

(b) That, the department/ seizing agency made out seizure case on the basis of

the counterfeit product which is notified item vide Serial No. (9) of

SRO.566(1)/2005 dated 06.06.2005, as counterfeit cigarettes is injurious for

health further read with SRO 499(1)/2009 dated 13.06.2009, punishable under

clause 89 of Section 156(1) of the Customs Act,1969 and Section 157 (2) of the

Customs Act,1969.

For Seized Vehicle.

(a) That, while passing the Order-in-Original No.47 dated.07.03.2022 the

Collector, Collectorate of Customs (Adjudicatin), Quetta Camp Office @

Hyderabad has miserably failed to consider that the seized vehicle was exclusively

used fo transportation of smuggled/ counterfeit Cigarettes.

(b) That, the learned Collector, Collectorate of Customs (Adjudication),

Quetta @ Hyderabad while passing the impugned order has failed understand that

vehicle i-e Toyota Shehzore Truck 06 wheeler Bearing Registration No. KM-7232

was exclusively utilized / used for transportation smuggled counterfeit Cigarettes,

therefore, liable to confiscation in counterfeit product which is notified item vide

Serial No. (9) of SRO.566(1)/2005 dated.06.06.2005, as counterfeit Cigarettes is

injurious for health furher read with S.R.O 499(1)/2009 dated 13.06.2009,

punishable under clause 89 of Section 156(1) of the Customs Act,1969 and

Section 157 (2) of the Customs Act,1969.

(c) That, the learned Collectorate of Customs (Adjudication), Quetta Camp

Office, Hyderabad failed to appreciate that release of conveyance / vehicle used

for exclusively for transportation of counterfeit Cigarettes clearly the spirit and

verification of such ordinance legislation.

In light of above fact, the seizing agency is opinion of that the Appeal

against No. H-810 and H-811.dated.13.09.2022 may be filed before the Honorable

High Court Karachi, as the seized goods are counterfeit and smuggled one and vehicle

exclusively used for transportation of counterfeit/ smuggled one Cigarettes and is

liable to outright confiscation.

However the law committee may evaluate legal aspects of the Order-in-

Original and may decided whether to file appeal against the Order-in-Original or

otherwise, as deemed fit.

ASSISTANT COLLECTOR
CUSTOMS (PREVENTIVE)
SUKKUR