The customs authorities have released a confiscated diplomatic vehicle (Mercedes Benz) to the Embassy of Republic of Kazakhstan following a Customs, Central Excise, Sales Tax, Appellate Tribunal decision, in a case constituted by the Directorate General of Intelligence and Investigation, Customs and Excise.
The department approached Lahore High Court, Rawalpindi Bench, against the decision of the tribunal, but the court disposed of the departmental appeal followed by a government''''s directive to release the vehicle.
The embassy was represented by advocate Mian Nazir Azhar and the department by advocate Raja Muhammad Bashir.
According to details, the staff of the directorate confiscated a diplomatic vehicle of Kazakhstan Embassy in September 2002 on the plea that it was allegedly being used by a Pakistani national. The department also argued that the vehicle was imported by a private party. The vehicle was subsequently seized by the Collector (Adjudication), Customs, Central Excise and Sale Tax, Rawalpindi.
The embassy contested that the vehicle was in possession of Shamil Sultangozhin, Deputy Head of the Mission at the time of the incidence and was blocked in a busy market of Islamabad and the diplomat was harassed and threatened, which was against the diplomatic norms.
The honorary counsellor tried to explain the real position but the customs department filed a FIR against him on the plea that the vehicle was being misused.
On the other hand, the foreign diplomat sought diplomatic immunity.
According to tribunal, the vehicle was imported by the embassy after fulfilment of legal formalities and was cleared against proper customs documents.
The department has not fulfilled the formalities of the Customs Act, 1969 while issuing show-cause notice and initiated criminal proceedings against the honorary counsellor.
The tribunal added that the directorate wrongly seized the vehicle without taking into consideration the rights and privileges of diplomats.
The plea of the embassy was ultimately accepted by the Customs, Central Excise and Sales Tax Appellate Tribunal, Islamabad and the release order was issued to the embassy.
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