| Case ID |
10cd07ca-7568-4c60-8d55-c38e66edbad5 |
| Body |
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| Case Number |
K-1000 of 2016 |
| Decision Date |
Jan 13, 2017 |
| Hearing Date |
Dec 13, 2016 |
| Decision |
The appeal filed by MESSRS SHAHEEN CHEMICAL against the order of confiscation of recycled plastic granules was upheld by the Customs Appellate Tribunal. The Tribunal found that the certification provided by the exporter concerning the non-hazardous nature of the goods met the requirements of the Import Policy Order. The decision highlighted that similar certifications had been accepted in the past and that the confiscation order lacked legal grounds. The Tribunal emphasized that the compliance with the Basel Convention was sufficiently demonstrated by the documentation provided by the appellant, thus setting aside the impugned order as not maintainable. |
| Summary |
In the case of MESSRS SHAHEEN CHEMICAL vs. DEPUTY COLLECTOR OF CUSTOMS, the Customs Appellate Tribunal addressed the appeal concerning the confiscation of recycled plastic granules imported from the UAE. The appellant argued that the goods were certified as non-hazardous, complying with the Import Policy Order requirements. The Tribunal reviewed the facts, including prior acceptance of similar certifications, and concluded that the confiscation was not justified. The decision underscored the importance of adhering to international standards, such as the Basel Convention, while interpreting local laws. The ruling emphasizes the need for consistent application of regulations to prevent arbitrary enforcement and discrimination against importers. This case is significant for importers dealing with recycled materials, illustrating the balance between environmental compliance and trade facilitation. |
| Court |
Customs Appellate Tribunal
|
| Entities Involved |
Customs Appellate Tribunal,
DEPUTY COLLECTOR OF CUSTOMS
|
| Judges |
ZULFIQAR A.KAZMI
|
| Lawyers |
Nadeem Mirza,
Abid Shah
|
| Petitioners |
MESSRS SHAHEEN CHEMICAL
|
| Respondents |
2 OTHERS,
DEPUTY COLLECTOR OF CUSTOMS
|
| Citations |
2017 SLD 1566,
2017 PTD 2403
|
| Other Citations |
PLD 1973 SC 49,
2009 PTD 1083,
2004 CLD 373,
PLD 1963 SC 663,
1984 CLC 1517,
PLD 1995 Kar. 587,
PLD 1992 SC 485,
1993 SCMR 1232,
PLD 1970 SC 453,
2002 PTD 976,
2002 SCMR 312,
2009 PTD 1507,
2005 SCMR 492
|
| Laws Involved |
Customs Act, 1969,
Import Policy Order, 2013
|
| Sections |
25,
79,
79(1),
80,
157,
168,
193,
194A,
52 of Part-I of Appendix-B
|