| Case ID |
005f90bf-b804-4c6e-af10-7269586051e0 |
| Body |
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| Case Number |
Special Custom Reference Application No. 29 of 202 |
| Decision Date |
Jul 23, 2020 |
| Hearing Date |
Jul 09, 2020 |
| Decision |
The court ruled in favor of the Collector of Customs, affirming the confiscation of the seized vehicle used for smuggling due to the presence of false cavities containing foreign goods. The appellate tribunal's decision to allow a redemption fine was overturned, emphasizing the violation of the Customs Act and relevant SROs. The confiscation was deemed lawful, and the reference application was allowed, reinstating the original order of the Additional Collector. |
| Summary |
In the case of Special Custom Reference Application No. 29 of 2020, the Balochistan High Court addressed issues surrounding the confiscation of a vehicle involved in customs violations. The vehicle, found with hidden compartments carrying smuggled goods, led to legal challenges regarding the enforcement of the Customs Act, 1969. The court emphasized adherence to regulatory frameworks, specifically SRO No. 499(I)/2009, which prohibits the option of paying a fine in lieu of confiscation for vehicles used in smuggling. The judgment reinforced the importance of strict compliance with customs regulations and the consequences of illegal importation. This case is significant for understanding the legal implications of customs enforcement and the judiciary's role in upholding law and order in trade practices, making it a key reference for future customs-related disputes. |
| Court |
Balochistan High Court
|
| Entities Involved |
Customs Department,
Model Customs Collectorate, Custom House Gawadar
|
| Judges |
NAEEM AKHTAR AFGHAN, JUSTICE,
ROZI KHAN BARRECH, JUSTICE
|
| Lawyers |
Syed Ikhlaq Shah for Applicant,
Abdul Zahir and Hussain Ahmed for Respondent
|
| Petitioners |
COLLECTOR, MODEL CUSTOMS COLLECTORATE, CUSTOM HOUSE GAWADAR AT GADDANI
|
| Respondents |
ABDUL RAHEEM
|
| Citations |
2021 SLD 1001,
2021 PTD 1035,
2021 PTCL 667,
(2022) 125 TAX 257
|
| Other Citations |
Collector of Customs, Peshawar v. Wali Khan and others Civil Appeal No. 1050 of 2009
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
2(s),
15,
16,
156(1),
157(2),
168A,
181
|