Customs dept fails to establish use of oil tanker in diesel smuggling

LAHORE: the Customs department has failed to establish use of an oil tanker in smuggling of diesel, as the relevant appellate forum has confirmed release of the vehicle while dismissing the reference, said sources.

According to details, the department had confiscated an oil tanker involved in smuggling of fuel, and nobody was in it when the department had taken it into custody. Allegation was that oil tanker was used for smuggling of High Spirit Diesel (HSD) without proper documentation. Department filed Reference application as the Customs Appellate Tribunal while setting aside Order-in-Original, ordered release of the vehicle-in-question against the payment of 20%.

The department took the plea that oil tanker was very much part and parcel of the illegality and violation made by the respondent. Official record revealed that when the oil tanker was taken into custody there was nobody in it, thereafter it was taken 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.

Despite the fact that the subject-vehicle was found abandoned but it was also confirmed that it was registered with Motor Vehicle Authority. However, the appellate forum noted that the Authorities failed to acquire details and to issue show-cause notice to the owner. Though ownership documents were furnished, however, no effort was made by the authorities to verify the same from the Excise Department.

Also, prior to the incident, the department was not in possession of any material or evidence against the owner of the oil tanker to be involved in any objectionable activity.

It added that the authorities made no effort to create a link between the HSD and the oil tanker, which established that the confiscation of HSD and the oil tanker were two different aspects requiring different treatments.

Therefore, the relevant appellate forum maintained that confiscation of the oil tanker was unwarranted and could not be approved.

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