IHC stays fine on Ayyan

ISLAMABAD: Justice Athar Minallah of the Islamabad High Court (IHC) here on Tuesday issued stay order regarding imposition of fine on model girl Ayyan Ali who has challenged the fine amounting $500,000 on her by collector (adjudication) customs in currency smuggling case.

The petitioner through her counsel Sardar Lateef Khosa contended before the IHC that the decision was announced without providing an opportunity of hearing to her. The petitioner has nominated collector (adjudication) Collectorate of Customs, Islamabad, superintendent investigation and prosecutor Model Custom Collectorate Islamabad, assistant collector investigation and prosecution, appellate tribunal customs sales tax and federal excise and state as respondents.

The IHC bench also issued notices to the respondents seeking their reply by May 30. The collector (adjudication) in its March 3, 2016 order had said: “In view of the reasons explained in the preceding paras, I am led to conclude that the accused nominated in the show cause notice are undeniably involved in the smuggling of foreign currency from Pakistan to abroad. The charges of foreign currency and violation of the provisions section 2(s) & 16 of Customs Act 1969 read with section 3(1) of import and Export Control Act 1950 and section 8 of the Foreign Exchange Regulation Act, 1947 stand established. I therefore order, for outright confiscation of seized foreign currency notes valuing US$506,800 along with suitcase color brown and 9 number of used clothes. In terms of section 156(1), 8, 70, 157, of the Customs Act 1969 read with section 3(3) of the import and export control act and also imposed a penalty of one time of the value equivalent to the confiscated currency on lady Ms Ayyan.”

In her petition, Ayyan said that she was shocked to know through electronic and print media about the impugned ex-parte order passed by the collector (adjudication) without hearing from herself.

According to the petition, the business of supermodel is spread in many countries and she was under contractual obligations to travel to Dubai but her name was placed on the exit control list (ECL). It said that after removal of her name from the no fly list when she was about to travel abroad, her name was again placed on the ECL.

Ayyan said that she had the money from sale of a plot and she was intended to hand this over to her brother while she was unlawfully arrested and a false case formed against her by the custom authorities with malafide intentions. She was not taking the money out from the country; rather, she was supposed to hand it over to her brother.

It contended that while the matter related to the ‘currency smuggling’ is pending before the courts, the custom collector imposed her fine after ex-parte proceedings. Ayyan has preyed to the court to set aside the order imposing fine on her.