KARACHI, Feb 1: The customs authorities after conducting a month-long inquiry into the “import” of four lions and hearing both sides have ordered confiscation of the lions being kept at the zoo and imposed penalties on the wildlife trafficker and the national flag carrier, it emerged on Tuesday.

According to the judgment passed by Customs Additional Collector Manzoor Memon, the lions which had been shifted to the Karachi Zoological Gardens for safe keeping during the trial after being handed over to the wildlife department had become government property and as such would remain in the zoo, sources said.

The sources added that while the customs imposed a fine of half a million rupees on the wildlife trafficker for smuggling the lions and a fine of Rs100,000 on the Pakistan International Airlines for colluding with the smuggler in the illegal act, the zoo emerged as the beneficiary as it got the lions worth millions of rupees without spending money.

However, they said, the zoo would have to bear the cost of feeding the animals which were reportedly still being fed by “outsiders” to end the chances of any harm.

Giving details of the case, Mr Memon said that the drug enforcement staff of the customs acting on the information that some animals were being smuggled into the country on Dec 21, 2010 checked a cargo consignment that arrived at Karachi airport through PK-301 from Islamabad and shifted the lions to the customs enclosure. He stated that Irfan Ahmed of the Osaka Traders claimed ownership of the lions and submitted an NOC (No: F.6-2/200-NCW dated Jan 12, 2008) issued by the National Council for Conservation of Wildlife (NCCW); and the CITES permit (076293, dated Aug 6, 2010) in the name of Osaka Traders purportedly issued by South African Department of Environmental Affairs and Tourism to meet the requirement of Import Policy 2009-10 regarding import of endangered species of animals.

When the customs contacted the NCCW and the South African government to verify the documents, the former said that the NOC was expired and the import of big cats by the private sector had been banned in 2008 while the latter confirmed to the customs authorities that the CITES certificate was a forged one. The South African government also sent a copy of the original certificate bearing the same number which was mentioned in the document filed by Mr Ahmed.

“This permit was actually issued to M/s SamZin Zoological C/o I. Ahmad, Super Highway, Gadap, Karachi on Nov 27, 2007 and that was valid till May 26, 2008,” the order stated.

“Further investigation revealed that Osaka Traders in connivance with the PIA staff at Islamabad airport neither filed IGM in respect of lions which had arrived from Germany through a PIA flight (PK770) early on Dec 21, 2010 nor submitted the Transshipment Permit (TP) to the customs, Islamabad for allowing their shipment to Karachi through a domestic flight, which is mandatory and a legal requirement under TP By Air Rules notified vide SRO No 1091 dated Dec 10, 2009.”

“This clearly indicated that M/s Osaka Traders Karachi in connivance with the staff of PIA at Rawalpindi tried to clear the said lions illegally through domestic cargo area without payment of duty and taxes and legal documents as required under the Import Policy Order,” said Mr Memon in his order.

He added the acts of Osaka Traders and PIA attracted the provisions of Section 16 and Section 32(i) and (ii) of the Customs Act, 1969 and Section 12(1) of the Sindh Wildlife Protection Ordinance, 1972 read with the import policy order 2009 punishable under Clause 9 and Clause 14 of Section 156(i) of the Customs Act, 1969.

After hearing both sides, the customs rejected the Osaka Traders claim that the CITES “certificate had been provided to them by the supplier” as while receiving the certificate they (Osaka Traders) “were not blind to see that the name on the certificate was other than theirs”, in fact it (certificate) had been forged by them.

In view of these points, the detained lions were confiscated under Clauses 9 and 14 of Section 156(i) of the Customs Act, 1969. A personal penalty of Rs500,000 was also imposed on M/s Osaka Traders Karachi for violating the provisions of law, as mentioned in the show cause notice.

While referring to PIA involvement in this smuggling bid, the customs order stated: “Perusal of record fully transpired that M/s PIA, Rawalpindi office colluded with the importer to clear the subject lions through domestic side of airport by bringing them on domestic flight from Islamabad to Karachi without presenting the documents to the customs authorities at Islamabad airport; as required under Transshipment by Air Rules notified vide SRO No 1091(i)/2009 dated Dec 10, 2009.”

According to the verdict, PIA was fined for Rs100,000 for colluding with the importer, violating the provisions of TP rules, with the intention to clear the lions without legal documents and payment of duty and taxes.

“As the confiscated lions have already been handed over to Zoological Gardens, Karachi through wildlife department of Sindh for safe custody, they shall remain there as government property in terms of prevalent law,” the order concludes.