CACJ 50/2015

This case involved goods found on a truck being brought into the country by a Saudi citizen which did not match the documentation. A key issue was whether the driver or the merchant who had completed the documentation should be found guilty.

Background

A truck driven by a Saudi citizen was inspected by the Customs Department. It turned out that it was carrying 287 barrels filled with asphalt which was contrary to what was stated on the documentation that it contained tile insulator.

The Committee issued a ruling convicting the merchant of smuggling, compelled him to pay a customs fine equivalent to the value of the asphalt in the international market and confiscated the barrels of asphalt.The case was referred to Jeddah Customs Appeals Committee.

The truck driver filed an appeal on the grounds that his job involved transporting the goods and the ruling had convicted the owner of the shipment who had carried out the export procedures. The appellant stated that the ruling violated his right of defence because the committee had ignored his call for an investigation with the owner of the shipment.

Decision