| Case ID |
7354d75c-f455-4e75-a76e-f54189c25f19 |
| Body |
View case body. Login to View |
| Case Number |
G-447 of 2014 |
| Decision Date |
Sep 18, 2014 |
| Hearing Date |
Aug 27, 2014 |
| Decision |
The appeal was rejected, and the Order-in-Appeal was upheld. The tribunal found that the goods in question were smuggled and could not be released against redemption fine as per the specified laws. The decision emphasized the importance of maintaining strict measures against smuggling to protect the domestic economy and uphold legal standards. The tribunal noted that the goods were included in the list of items that cannot be released under the Customs Act, 1969, and previous cases supported this decision. The ruling reinforced the discretion of the customs authorities and the binding nature of their orders regarding confiscation. |
| Summary |
In the Customs Appeal No. G-447 of 2014, the Customs Appellate Tribunal dealt with a significant case involving the confiscation of smuggled goods. The tribunal, presided over by Chairman Chaudhary Muhammad Tariq and Member Khalid Mahmood, examined the facts surrounding the seizure of foreign-origin goods transported from Quetta to Karachi. The decision focused on the legal implications of the Customs Act, 1969, and the Imports and Exports (Control) Act, 1950. The tribunal's ruling highlighted the importance of enforcing customs laws to prevent smuggling, which poses a threat to the national economy. The lawyers representing the appellants argued for the release of specific goods against a redemption fine, citing precedents where such relief was granted. However, the tribunal upheld the confiscation, asserting that the goods were listed as smuggled and could not be released. This case underscores the judicial system's role in regulating trade and maintaining legal integrity in customs operations. Key terms in this case include 'customs appeal,' 'smuggling,' 'confiscation,' 'redemption fine,' 'legal ownership,' and 'domestic industry.' Understanding these aspects is crucial for professionals in the legal and customs fields. |
| Court |
Customs Appellate Tribunal, Karachi
|
| Entities Involved |
Not available
|
| Judges |
CHAUDHARY MUHAMMAD TARIQ,
KHALID MAHMOOD
|
| Lawyers |
Asim Muneer Bajwa,
Shahid Rafiq
|
| Petitioners |
another,
ABDUL MAILIK
|
| Respondents |
another,
ADDITIONAL COLLECTOR OF CUSTOMS
|
| Citations |
2015 SLD 810,
2015 PTD 1351
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969,
Imports and Exports (Control) Act, 1950
|
| Sections |
2(s),
15,
16,
156,
168,
194A,
3
|