Appellate forum rejects customs appeal against release of tanker used in fuel smuggling – Pakistan

LAHORE: The Customs department has lost its appeal against the release of an oil tanker, allegedly used for smuggling high-speed diesel (HSD) without proper documents.

The ministry alleged that the tanker was involved in smuggling HSD without proper documents. However, the owner of the tanker claimed that he was not involved in any illicit activities.

The ministry had challenged the decision of the compensation court to return the vehicle in question (tanker) to the owner, as the rightful owner, against payment of a 20% fine, under the pretext that the tanker was an integral part of the illegality and violation committed by the owner.

Records revealed that when the tanker was stopped, there was no one on board, after which it was taken to the customs concerned. When a show cause notice was issued, the owner of the tanker came forward in response and told the customs authorities that he had nothing to do with the HSD and said that his tanker was sailing on a rental basis .

The competent appellate court, while setting aside the initial order, ordered the return of the vehicle in question (oil tanker) to the defendant, who is the rightful owner, upon payment of a 20% fine.

The department argued that the tanker was an integral part of the illegality and violation committed by the respondent. However, the court rejected this plea, citing that when the tanker was arrested, no one was present and it was later taken to the customs concerned.

In response to the show cause notice, the tanker owner appeared and argued before the customs authorities that he was not involved in any smuggling activities.

The court found that the owner’s presence during the investigation and his willingness to pay the fine demonstrated his commitment to resolving the problem.

Commercial Copyright Recorder, 2024