BAHRIA LINK SHELL PUMP, KARACHI vs SUPERINTENDENT, ANTI-SMUGGLING ORGANIZATION, MCC OF PREVENTIVE, CUSTOM HOUSE, KARACHI Ss — 2022 PTD 335 CUSTOMS-APPELLATE-TRIBUNAL-KARACHI

Case information

Citation: 2022 PTD 335 CUSTOMS-APPELLATE-TRIBUNAL-KARACHI
Year: 2022
Reporter: PTD
Parties: BAHRIA LINK SHELL PUMP, KARACHI vs SUPERINTENDENT, ANTI-SMUGGLING ORGANIZATION, MCC OF PREVENTIVE, CUSTOM HOUSE, KARACHI Ss
Subject matter: Criminal
Provisions referred to: Customs Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BAHRIA LINK SHELL PUMP, KARACHI VS SUPERINTENDENT, ANTI-SMUGGLING ORGANIZATION, MCC OF PREVENTIVE, CUSTOM HOUSE, KARACHI Ss.2(s) & 177---Smuggling---Restriction on the possession of goods in certain area---Scope---Case revolved around the charge of smuggling of High Speed Diesel Oil procured by appellant from another Petrol Station---Validity---Oil was purchased by appellant through a valid invoice and was being transported within the territory of Pakistan confirming that the goods were not brought into Pakistan in breach of any prohibition or restriction for the time being in force---Such transportation could not be termed as smuggling---Checking by Customs Officials during transportation of goods within the territory of Pakistan was beyond their jurisdiction as none of the provisions of Customs Act, 1969, authorized any designated official of customs to intercept the local transportation of goods on the sham plea of smuggling---Appellate Tribunal observed that appellant was needlessly dragged into unwarranted litigation by the department despite having no proof of the alleged offence---Impugned orders were set aside and the appeal was allowed, in circumstances.

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