Appellate forum rejects Customs’ appeal against release of oil tanker used in fuel smuggling

LAHORE: The Customs Department’s has lost its appeal against the release of an oil tanker, allegedly used for smuggling High-Speed Diesel (HSD) without proper documentation.

The department alleged that the tanker was involved in smuggling HSD without proper documentation. However, the owner of the tanker claimed that they were not involved in any illicit activity.

Department had challenged the compensation tribunal decision of releasing the vehicle-in-question (oil tanker) to the owner, being lawful owner, against the payment of 20% fine on the pretext that oil tanker was very much part and parcel of the illegality and violation made by the owner.

Record had revealed that when the oil tanker was taken into custody there was nobody in it, thereafter it was taken to the concerned Customs House. When a show-cause notice was issued, in response the owner of the oil tanker appeared and submitted before the Customs authorities that he had nothing to do with the HSD and stated that his oil tanker was plying on hire basis.

The relevant Appellate forum, while setting aside the order-in-original, ordered the release of the vehicle-in-question (oil tanker) to the respondent, being the lawful owner, against the payment of 20% fine.

The department pleaded that the oil tanker was an integral part of the illegality and violation committed by the respondent. However, the tribunal rejected this plea, citing that when the tanker was taken into custody, there was nobody present, and it was subsequently taken to the concerned Customs House.

In response to the show-cause notice, the owner of the oil tanker appeared and submitted before the Customs authorities that they were not involved in any smuggling activity.

The tribunal held that the owner’s presence during the investigation and their willingness to pay the fine demonstrated their commitment to resolving the issue.

Copyright Business Recorder, 2024