| Case ID |
16b0e019-f397-42c8-b6a1-1e6f247f45f1 |
| Body |
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| Case Number |
Civil Appeal No. K-76 of 1964 |
| Decision Date |
May 22, 1967 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan quashed the order of confiscation issued by the Collector of Customs regarding the gold bars. The Court held that the Collector failed to establish that the seized gold was imported in contravention of the relevant notification. The judgment emphasized that the onus was on the Customs authorities to prove the prima facie case regarding the illegal importation of the gold. The Court pointed out that the reasons given by the Collector were not sufficient to conclude that the gold was of foreign origin, especially considering the historical context of gold in Pakistan. The appeal was allowed with costs, and the Collector's order was declared unsustainable in law. |
| Summary |
In the landmark case of Civil Appeal No. K-76 of 1964, the Supreme Court of Pakistan addressed critical issues surrounding the confiscation of gold bars under the Sea Customs Act, 1878. The case arose when the Collector of Customs ordered the confiscation of gold allegedly imported illegally, citing violations of a government notification. The Supreme Court examined the evidence and highlighted the necessity for the Customs authorities to establish a prima facie case regarding the origins of the gold. The Court's decision underscored the importance of fair adjudication and the rights of individuals against arbitrary state action. By quashing the Collector's order, the Court reinforced the legal principles governing the burden of proof in customs cases, emphasizing that historical presence of gold in Pakistan could not be overlooked. This case is pivotal for understanding customs law and the rights of traders in Pakistan, making it a significant reference for future cases involving import regulations and gold confiscation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
THE COLLECTOR OF CUSTOMS, KARACHI,
THE CENTRAL BOARD OF REVENUE, GOVERNMENT OF PAKISTAN, ISLAMABAD
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE-AKBAR,
HAMOODUR RAHMAN,
MUHAMMAD YAQUB ALI
|
| Lawyers |
A. K. Brohi, Senior Advocate Supreme Court,
Saiyed M. Sadiq, Advocate Supreme Court,
Bux Sheikh,
Ghulam Ali Memon,
S. A. Nusrat, Advocate Supreme Court,
Shafiq Ahmad, Attorney for Respondents
|
| Petitioners |
MUHAMMAD SHARIF,
MUHAMMAD ANWAR,
MESSRS S. A. HAROON
|
| Respondents |
THE COLLECTOR OF CUSTOMS, KARACHI,
THE CENTRAL BOARD OF REVENUE, GOVERNMENT OF PAKISTAN, ISLAMABAD
|
| Citations |
1967 SLD 87,
1967 PLD 458
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Sea Customs Act, 1878,
Constitution of Pakistan (1956),
Constitution of Pakistan (1962)
|
| Sections |
167,
Art. 160,
Art. Sb (1), (3)
|