Abdullah Baloch, J. This judgment disposes of the Custom Reference Application No. 40 of 2022 filed by the Collector of Customs, Collectorate of Custom, Gawadar under Section 198 of the Customs Act, 1969 against the judgment dated 17th November 2021 ("the impugned judgment") passed by the learned Member (Judicial) Customs Appellate Tribunal, Quetta Bench, Camp Office at Karachi ("the Appellate Tribunal") whereby by appeal filed by the respondent was allowed.
2. Facts of the instant Customs Reference are that are that the MCC, Gwadar received credible information with regard to smuggling of contraband goods, in pursuance to such information, on 31st January 2021 at about 11:30 p.m. the staff of MS-Khurkhera started survaliance and checking of the suspected vehicles, during the course whereof they stopped different passenger Buses at RCD Highway and unloaded 112 Nos of Assorted Tyres (used) F/o, neither anyone came forward to claim the ownership nor provided any legal documents on the spot. The recovered Assorted Tyres (used)
F/o were seized in violation of Section 3(1) of Imports and Exports (Control) Act, 1950, Section 2(s) & 16 of the Customs Act, 1969, read with 499(1)/2009 dated 16th June 2009 and SRO 566(I)2005 dated 6th June 2005,/punishable under clauses (8) & (89) of Section 156(1) of the Customs Act, 1969, Subsequently, the Additional Collector of Customs, Customs House, Gaddani, vide order dated 16th March 2021 confiscated outright the recovered Assorted Tyres (used) F/o. Being aggrieved, the respondent filed appeal before the learned Appellate the Customs authorities to release the aforementioned assorted 112 tyres used unconditionally forthwith in favour of respondent/lawful claimant. Whereafter, the instant Custom Reference has been filed.
3. We have heard the learned counsel for the parties and perused the record minutely, which reveals that according to the case of applicant the staff of MS-Khurkhera started patrolling & checking of suspected vehicles, during patrolling at RCD Highway stopped different passenger Buses for checking purpose and unloaded 112 Assorted Tyres (used) foreign origin, no one came forward to claim the ownership nor provided any legal documents on the- spot, therefore, the staff of Customs took the possession of above Assorted Tyres (used) foreign origin and seized the same in violation of Section 3(1) of Imports and Exports (Control) Act, 1950, Section 2(s) & 16 of the Customs Act, 1969, read with SRO 499(I)/2009 dated 16th June 2009 and SRO 566(I)2005 dated 6th June 2005, punishable under clauses (8) & (89) of Section 156(1) of the Customs Act, 1969.
4. After usual proceedings the matter was placed before the Additional Collector of Customs (adjudication), Customs House, Gaddani, vide order-in-original dated 16th March 2021 the entire goods were outright confiscated. Being aggrieved, the respondent (appellant) filed an appeal before the appellate tribunal on the ground that the used foreign origin tyres were already auctioned by the Customs authorities, which were thereafter purchased by the respondent (appellant) and he has taken the same for onward selling at Karachi and during the course of transporting they were intercepted by the Customs authorities and illegally seized the goods in question and thereafter outright confiscated by the Additional Collector, Customs. While, accepting the appeal the learned appellate tribunal has observed as under: "11. Crux of case are that the owner of impugned assorted 112 tyres (used) foreign origin is claiming that the tyres have been purchase through M/s, AnF Enterprises (Government Approved Auctioneer) vide delivery of Lot No. 118-Cus/Seiz/BLI/2019 Auction dated 10.10.2019 and Income Tax was paid accordingly through computerized payment system on 24.10.2019. During transportation, same were seized by the officials of Rangers and Customs at Sukkur and matter was adjudicated at MCC (Adjudication), Quetta at Hyderabad. The learned Collector (Adjudication), Quetta at Hyderabad passed Order-In-Original No. 18/2020 dated 30.09.2020 whereby tyres were released unconditionally on basis of report called from the MCC, Quetta. The MCC, Quetta reported vide letter. No. 73- Cus/Seiz/Job/CP/2019-201019 dated 09-09-2020 wherein confirmed the genuineness of the auctioned documents provided by the appellant which are matching with the auction documents i.e. D.No. 8054, 8053, 8051, 8050, 7606 and 8007' hence, the charges leveled in show cause notice were vacated and goods were released unconditionally.
12. After unconditionally release of subject old used 112 tyres which were transported back to Quetta by the appellant. On re-sale of same tyres to another party at Karachi, the subject assorted foreign origin tyres of same quantity, same description were loaded by the same the appellant for delivery at Karachi. During transportation, the same tyres of same quantity and description were again detained at Khurkhera Check Post, Winder. Again subject tyres were outright confiscated without considering the previous orders released order and documents provided by appellant."
The learned counsel for the applicant while confronted with the observations so made by the learned appellate tribunal, he has failed to point out any illegality or irregularity or point out any question of law in the impugned judgment for interference of this Court. Thus, the impugned judgment passed by the learned appellate tribunal is well reasoning and does not suffer from any material illegality or irregularity to warrant interference by this Court.
For the reasons discussed hereinabove, the Customs reference being devoid of merits is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.