Federal Tax Ombudsman (FTO) has directed the Federal Board of Revenue (FBR) to immediately dispose of (auction) or destroy confiscated goods including currency, gold, silver, precious stones/antiques, arms/ammunition, narcotics, cigarettes and liquor/banned drugs etc.
The FBR data revealed that out of a total number of 3451 lots pending un-disposed at this point in time and according to the reasons intimated by FBR, 555 lots are pending being under litigation at different legal/quasi judicial foras. This alarming pendency in cases of delay in disposal of lots or confiscated goods awaiting destruction leads to clogging and congestion at the port areas as well as at Customs State warehouses.
This is an own motion investigation initiated through the exercise of jurisdiction, conferred under Section 9(1) of the Federal Tax Ombudsman Ordinance, 2000 (FTO Ordinance) regarding large quantities of goods (like Currency, Gold, Silver, Precious Stones, Antiques, Arms & Ammunition, Fire Crackers Narcotics, Cigarettes, liquor, banned Drugs, acetic anhydride, Medicines, Chemicals, Obscene Films and Literature and other goods which are health/environmental or social hazards or unfit for human
consumption and are lying undisposed of country-wide in various Customs State Warehouses.
The Customs General Order (CGO) 12/2002 dated 15.06.2002, provide for expeditious disposal of all such goods, the Customs authorities on the one hand are not disposing of these goods under the relevant provisions of laws and rules thus leading to their
pilferage and replacement. Moreover, the Customs authorities are not disposing of these goods as required under the law, due to neglect, inattention, and inefficiency, contrary to the law, and falls within the ambit of maladministration.
In view of supra, it is evident that non-application of the above mentioned provisions of Customs laws, procedures, and CGOs are causing unnecessary delay in the disposal of confiscated goods and reflect negligence and inefficiency on the part of the Customs Deptt, Directorate General of l&I-Customs, and FBR and is tantamount to maladministration.
FTO has recommended the FBR to direct Member Customs (Ops) and Director General l&l Customs, FBR to initiate the necessary processing of directions and issue immediate directions to the Collectors/Directors concerned to completely eliminate this huge pendency and dispose of or destroy such goods ripe for disposal/destruction as the case may be, under the relevant provisions of law, within 60 days.
FBR Member Legal (Customs), FBR to take immediate steps within 30 days for fixation of early hearings leading to decisions in cases pending before different judicial and quasi judicial fora to expedite disposal of stuck-up confiscated goods at different Collectorates/Directorates, FTO order added.
