Customs accused of confiscating goods without conducting proper lab test

LAHORE: Officials at the Customs department are allegedly confiscating residue solvent goods without conducting a proper test to ascertain the exact nature of the imported goods, said sources.

Instead, they said, the department prefers to send a reference to the laboratory to ascertain whether the sample was petrol, diesel or fuel oil. Sources said irresponsible handling of such matters was resulting into unspecified reports which neither point out the percentage of aliphatic or aromatic hydrocarbons in the sample nor the specific grade/number of fuel.

According to the sources, the departmental officials put a wrong query to the laboratory, which leads to vague and misleading test reports. Once the department has the test report in its hands, a series of show-cause notices starts pouring in against importers.

They said the adjudication officers of the department also do not take cognizance of most of the matters and ignore the flaws pointed out in test reports by importers. Even if the adjudicating officer refers the issue to the department after objections raised by importers, the department does not bother to

reply such queries within prescribed time frame and the adjudicating officers issue orders against importers without receiving replies.

Most of such notices and orders contain mere allegations that a particular provision of law has been breached, which is not enough. Sources said the show-cause notices must be specific and should not be couched in general terms. They should contain the essential ingredients necessary to show integrity of law.

So much so, they said, most of the show-cause notices are self-contradictory and the orders in original are passed without ascertaining the facts thoroughly. It is generally understood that when the primary order is infructuous then the entire superstructure raised thereon falls to the ground, they added.

Also, they said, since most of the consignments are confiscated on presumptions, therefore, the illegal acts on the part of department could not sustain before the higher appellate forums.

Copyright Business Recorder, 2023