| Case ID |
1697cd83-ed3b-4dee-a9b0-62e9e6bab545 |
| Body |
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| Case Number |
Writ Petition No. 268 of 1960 |
| Decision Date |
Aug 23, 1962 |
| Hearing Date |
Jan 24, 1962 |
| Decision |
The court ruled that the respondent was not legally bound to give Murad Ali an option to pay a fine in lieu of the confiscation of the lorry. However, it was determined that the confiscation order was illegal as the petitioner was not provided with the required option as per section 183 of the Sea Customs Act. The court emphasized that judicial propriety mandates that the decisions of one Division Bench should generally be followed by another, unless a different view is warranted. The matter was referred to a Full Bench for further clarification on the binding nature of Division Bench decisions on subsequent cases. |
| Summary |
In the case of Murad Ali vs. Collector of Central Excise and Land Customs, the Sindh High Court addressed the legality of confiscation procedures under the Sea Customs Act, 1878. The petitioner contended that his lorry, seized while carrying contraband sugar, was confiscated without being given the option to pay a fine, as mandated by section 183 of the Act. The court found that the confiscation was invalid since the petitioner was denied this option, highlighting the importance of due process in customs law. Additionally, the court examined the implications of the Imports and Exports (Control) Act, 1950, determining that its provisions did not extend to the means of transport for confiscated goods. This case underscores the critical balance between law enforcement and the rights of individuals in customs regulation, and the necessity for clarity in judicial decisions to maintain legal consistency. |
| Court |
Sindh High Court
|
| Entities Involved |
Customs Authorities
|
| Judges |
Wahiduddin Ahmed,
I. B. Khamisani,
A. S. Faruqui,
H. T. Raymond
|
| Lawyers |
Sharaf Faridi,
Tufail Ali
|
| Petitioners |
Murad Ali
|
| Respondents |
Collector of Central Excise and Land Customs
|
| Citations |
1963 SLD 2,
1963 PLD 280
|
| Other Citations |
Ibrahim Issa v. Collector of Customs Writ Petition No. 236 of 1959,
Everett Orient Line Incorporated v. Jasjit Singh and others A I R 1959 Cal. 237,
Behnke v. Bede Shipping Co. Ltd. (1927) 1 K B 649,
Bashir Ahmad v. The State P L D 1960 Lah. 687,
Jamal v. The State P L D 1960 Lah. 1192,
R. B. Alvi v. Custodian, Evacuee Property P L D 1962 Lah. 84,
Nathu Ram v. Jagan Nath and others A I R 1960 Ph. 521,
State v. Shankar A I R 1957 Born. 226,
Rudder and others v. The State A I R 1957 All. 239,
Jamuna Rai and others v. Chandradip Rai A I R 1961 Pat. 178,
Mahadeolal Kanodia v. Administrator-General of West Bengal A I R 1960 S C 936,
Noor Muhammad v. Collector, Jhelum P L D 1960 Lah. 841,
Jaisri Sahu v. Rajdewan A I R 1962 S C 83,
P. X. D'Souza v. Emperor A I R 1932 Born. 180,
Kanglu Baula v. Chief Executive Officer A I R 1955 Nag. 49,
Younghusband v. Luftig (1949) 2 K B 354,
Young v. Bristol Aeroplane Co., Ltd. 1944 K B 718,
Gundavarapu Seshamma v. Kornepati Venkata Narasimharao and others A I R 1940 Mad. 356,
Buddah Singh and others v. Laltu Singh and others A I R 1915 P C 70
|
| Laws Involved |
Sea Customs Act, 1878,
Imports and Exports (Control) Act, 1950
|
| Sections |
183,
168,
3(3)
|