Customs authorities accused of detaining vehicles purchased after due verification

LAHORE: Customs authorities are accused of detaining and seizing lawful vehicles duly purchased after verification/confirmation of from relevant government departments, said sources.

In majority of the cases, said the sources, the beholders of vehicles are neither importers nor first owners, rather they are subsequent purchasers.

According to the sources, the department detains and seizes vehicles despite submission of all the relevant documents for establishing legal position of the vehicles.

It may be noted that the Customs Act, 1969, desires that the importer/exporter should maintain the record for their import/export for a period of five years. But the department detains and seizes them on the allegation of smuggling despite the fact that the registration record surpasses the period of five years.

They further pointed out that the Customs officials were involved in taking custody of such vehicles without preparing Mushirnama in their presence as well as independent witnesses. Necessary notices are also not served by the department and wrong application of the provision of law has become norm of the day.

They said detention of most of the vehicles proves illegal and without jurisdiction at the relevant appellate forums, as the confiscation is made without valid reasons, especially in the presence of valid documents and valid registration of vehicles. Such a confiscation is also a sheer violation of the provisions of fundamental rights protected by the Constitution of Pakistan, they stressed.

The Customs department impounds vehicles without verification from the excise and taxation department, which verifies chassis number, model and registration as per the requirement of the law when called by the appellate forums, they added.

Interestingly, they said, even the seizing authorities do not challenge the legitimate registration process before the competent authority and simply refuse to release vehicles. They also prefer to carry out ex-party proceedings against the impound vehicles, they added.

Even relationship of sellers and subsequent purchasers is neither challenged nor declared the documents as forged or fabricated while impounding the vehicles. They said the department prefers to contest such claims on technical grounds instead of merit before the relevant appellate forums.

It may be noted that the relevant provisions of law suggest that the smuggled goods are those confiscated from the area of five miles adjacent to the frontier of Pakistan with India and Iran but the Customs authorities impound such vehicles from within the cities of country, hundreds of miles away from these two borders.

Copyright Business Recorder, 2023