MR. MUHAMMAD SADIQ MEMBER (TECHNICAL).--(1). This judgment shall dispose of the above mentioned appeal filed by Mr. Naveed Ullah S/o Haji Aman Ullah (appellant) against the Order-in- Original No. 34/2019 dated 30.01.2019, passed by the learned Collector of Customs (Adjudication), Faisalabad.
2. Brief facts of the case are that the Anti Smuggling Organization Multan, intercepted the Truck Trailer loaded with iron drums containing POL product, allegedly of foreign origins. On query the driver of the Truck produced some bilties, issued by M/s Sitara Al-Usman Goods Forwarding Agency, Quetta. The same was seized under the provision of Section 2(s), 16, 157(2) and section 156(2) read with section 187 of the Customs Act, 1969, also read with SRO 566(I)/2005 dated 06.06.2005 and section 3(1) of the import & Export (Control) Act, 1950 punishable under clause 89 of section 156(1) and section 157(2) of the Customs Act, 1969 read with section 3(3) of Import & Export (Control) Act, 1950, further read with SRO 499(1)/2009 dated 13.06.2009. The case was referred for adjudication.
3. The Collector of Customs (Adjudication), Faisalabad, passed Order-in-original No. 34 of 2019 dated 30.01.2019 (the impugned order) under section 181 of the Customs Act, 1969, allowing redemption of the Truck/Trailer bearing registration No. TLE-175/Quetta, Chassis No. FM I JNPD-12081, Engine No. 10280 Model 2004 against redemption tine equivalent to 20% of value of truck as ascertained by the Customs Dryport, Authorities Multan.
4. The Appellant has assailed the impugned order on the grounds mainly the following:
(i) That driver produced bilty No. 426 dated 06.09.2018 issued by M/s Sitara Al-Usman Quetta, which shows that the driver of truck loaded the POL product from registered Adda against a proper bilty.
(ii) That the impugned order is liable to set-aside as the appellant being a transporter given truck to driver to transport the goods and transporting the goods is not an offence.
(iii) That the respondent No. 2 mentioning that no mala- fide came forward on the part of driver/owner of the seized vehicle, No previous involvement of seized truck and no secret cavity/concealment found and on other hand by passing order imposed 20% of redemption fine, which is unjust in the eyes of law.
5. On the other side, Mr. Asad Saleem Goraia Advocate, appeared on behalf of the respondent department contended that the impugned order was passed lawfully.
6. We have heard the representatives of the parties and gone through their contentions given in the relevant record. As far as role of a public transport vehicle is concerned, the same needs careful appreciation even when the impugned consignment carried by such vehicle has no licit origin. As per normal practice, booking by the Transport company (through proper goods' dispatch note or some other instrument of similar bearing), normal fare charged, having no secret cavities, lend credence to the probability that a public transport vehicle is not part of an attempt aimed at smuggling. Unless there is strong incriminating evidence to the contrary, in such a scenario the public transport cannot be saddled with confiscation. In the instant case, the dispatch of goods alongwith documents augmented the stance that the transaction had been in ordinary course of business practice. The learned Collector Adjudication at the impugned order remarked that "this fact reveals that there is no malafide on the part of the driver/owner of the seized vehicle. No previous involvement of seized truck/trailer for carrying the smuggled goods and any cavity/concealment had been reported". As there is nothing incriminating in the transporter's role for which the carrier could attract confiscation. The imposition of confiscation and release against redemption is not warranted.
7. In view of the foregoing position, the instant appeal is accepted and the impugned order-in- original is modified with respect to the instant appeal regarding the transport vehicle. The respondent department is directed to release Truck/Trailer bearing registration No. TLE-175/Quetta to the owner/appellant unconditionally.
8. The parties be informed though registered post A.D or by UMS.
9. The File be consigned to record after completion.