FBR to probe Customs case after seven years

SC orders investigations in the release of confiscated dollars by Customs


News Desk August 11, 2018
the order was passed that the confiscated money would be returned on the condition that he will have to obtain the NOC from the court of Special Judge Customs Rawalpindi. PHOTO:FILE

The Federal Board of Revenue (FBR) has started investigations on the court orders after seven years against the Customs officers who had released thousands of confiscated US dollars and Chinese currency without getting a No Objection Certificate (NOC) from the trial judge.

The FBR formed a four member committee on the order of Chief Justice of Pakistan Saqib Nisar. The committee is headed by Customs House Islamabad Post Clearance Audit (PCA) Director General Dr Wasif Memon who has summoned the officers concerned on August 16.

According to a document available with the Express, the Customs department recovered $101,100 and ¥2,800 from a person named Allah Baksh in 2009. The case formally started in the court of Customs Special Judge and the currency was confiscated.

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However, the then Additional Collector (AFU) Building Islamabad Airport Abdul Razzaq heard the case on the appeal of the accused Allah Baksh. The hearing took place from April 14 2009 to May 17 2010. The judgment was passed that the affected person deserves the relief of return of the currency.

Therefore, the order was passed that the confiscated money would be returned on the condition that he will have to obtain the NOC from the court of Special Judge Customs Rawalpindi.

However, the then second secretary Customs Adjudication and ADRC Second Secretary Dr Sadiqullah Khan issued orders of the return of confiscated money to Allah Baksh without obtaining NOC from the court of Special Judge Customs Rawalpindi.

In his order, Sadiquallah Khan took the stance that by reopening the case under section 195, the necessary amendment has been made to remove the clause of obtaining the NOC from special Judge Customs Rawalpindi after detailed examination of the case record in the May 18 2010 order of the FBR Additional Collector (AFU) Building Islamabad Airport.

The order by Sadiqullah Khan provided justification of removing the condition of obtaining the NOC from Special Judge Customs. Since the case is no more with Special Judge Rawalpindi, the condition to return the currency to Allah Bash.

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A senior officer of Model Customs Collectorate (MCC) Islamabad Airport told that the SC was appealed against the mentioned order on which the former chief justice Iftikhar Muhammad Chaudhry gave the verdict against it and observed that the case falls under the money laundering.

Sources said that the judgment of the SC of 2013 was not implemented and the file was pushed under the carpet. Later, the Customs Department took action against people involved in money laundering and illegal transfer of money and confiscated money from more people.

They made the Allah Baksh case a base and contacted the SC on which the present CJP Saqib Nisar held it illegal and implemented contempt of court. He issued an order to FBR on June 29 to hold an inquiry against those who released the confiscated money and present a report in three months.

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