PESHAWAR: Rejecting a trader’s claim to a large quantity of mineral pitch smuggled by him last year, the Peshawar High Court has upheld the confiscation of salajeet by authorities.

A bench consisting of Justice Ishtiaq Ibrahim and Justice Syed Arshad Ali declared that the impugned orders issued by the additional collector (customs) as well as the customs appellate tribunal regarding confiscation of around 150kg salajeet to the state were in accordance with the law.

It dismissed the petition of Qasim Khan, who claimed that he was the actual owner of the confiscated mineral pitch, which was held without the issuance of any notice to him as required by the law.

The respondents in the petition were the customs collector (adjudication), additional collector customs Peshawar, director intelligence and investigation (customs) FBR Peshawar, deputy director (intelligence and investigation), and judge of the customs appellate tribunal.

Declares seizure of 150kg smuggled salajeet in line with the law

Abbas Bakhtiar, lawyer for the customs authorities, insisted that officials of intelligence and investigation (customs), FBR, Peshawar, had got a tip-off about the transportation of suspected goods in a truck on Kohat Road on Jan 21, 2021.

He added that the truck was intercepted and was found to be carrying items of foreign origin, including salajeet.

The counsel said driver Munawar Khan produced two goods declaration forms, which were found to be irrelevant.

He said on Jan 22, 2021, the goods were examined and were seized as they’re smuggled into Pakistan in violation of the customs laws.

Mr Bakhtiar said original GDs were found to be without description of bags.

He contended that the driver didn’t produce documents to show legal import or lawful possession of those goods, so they’re seized under the Customs Act and the Imports and Exports (Control) Act.

After the issuance of a show cause notice to the driver, the matter was placed before the additional collector customs (adjudication), Peshawar, who ordered the confiscation of the seized goods on March 25, 2021. However, the vehicle was released on the payment of 20 per cent redemption fine.

The order was challenged by the driver before the customs appellate tribunal, which dismissed the appeal on July 22, 2021.

Later, the petitioner filed an appeal with the tribunal arguing that since no notice was issued to him as the owner of the seized mineral pitch, the earlier order should be set aside. However, the tribunal rejected the plea on July 27, 2021.

The bench declared that the records revealed that the truck’s driver, Munawar Khan, was issued a show-cause notice that was replied by him but the additional collector (customs) being unsatisfied with the explanation ordered the confiscation of goods.

It observed that during the process, right from the seizure of goods until the decision of the tribunal, the petitioner had never bothered to join the proceedings.

It added that a notice was issued to Munawar Khan but he didn’t disclose that the goods didn’t belong to him.

Published in Dawn, November 30th, 2022