KARACHI: An owner of goods has not entitled for claiming compensation from customs officials for any damage done during lawful detention.
Customs officials said that in case any consignment is detained lawfully and during detention any damage occurred to the goods unintentionally then the owner of goods cannot claim compensation for such damage.
They said that Section 216 of Customs Act, 1969 explained as:
Section 216: No compensation for loss or injury except on proof of neglect or willful act
No owner of goods shall be entitled to claim from any officer of customs compensation for the loss of such goods or for damage done to them at any time while they remain or are lawfully detained in any custom-house, customs area, wharf or landing place under the charge of any officer of custom, unless it be proved that such loss or damage was occasioned by gross negligence or willful act of such officer.
Section 214: Remission of duty and payment of compensation to the owner in certain cases
Where, on prosecution by the owner of any goods, an officer of customs is convicted of an offence connected with the removal of such goods from the warehouse without payment of duty, the whole of the duty on such goods shall be remitted, and, the Collector of Customs, shall, in accordance with the rules, pay to the owner due compensation for the damage caused to the owner by such offence.
Section 215: Service of order, decision, etc
Any order or decision passed or any summons or notice issued under this Act shall be served-
(a) by tendering the order, decision, summons or notice or sending it by registered post or the courier service or by any other mode of transmission subject to acknowledgement receipt to the person for whom it is intended or to his agent; or
(b) if the order, decision, summons or notice cannot be served in any manner provided in clause (a), by affixing it on the notice board of the custom-house; or
(c) in case of electronic orders, decisions, notices or summons, when these have been sent to the recipient from the Customs Computerized System.
