| Case ID |
1eba48e0-1a7d-46e6-ac1a-5149a3829949 |
| Body |
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| Case Number |
Writ Petition No. 634-B of 2016 |
| Decision Date |
Feb 27, 2018 |
| Hearing Date |
Feb 27, 2018 |
| Decision |
The court dismissed the constitutional petition as it was found that the vehicles in question were non-custom paid and had not been brought into the settled area in accordance with the provisions of the Customs Act, 1969. The court held that the notification regarding exemption of any goods imported into Pakistan can only be issued by the Federal Government, and that neither the High Court nor any lower courts had the authority to release such vehicles on Superdari. The vehicles are subject to departmental adjudication as per the Customs Act, 1969, and the petitioners failed to establish their ownership or lawful importation of the vehicles. |
| Summary |
The case revolves around the seizure of vehicles by customs officials in Khyber Pakhtunkhwa, which were brought into Pakistan without the payment of customs duties. The petitioners, who were residents of North Waziristan Agency, claimed that they were Temporary Dislocated Persons (TDPs) and sought the release of their vehicles based on a circular issued by the provincial government. However, the court found that the circular was invalid as only the Federal Government has the authority to exempt customs duties under the Customs Act, 1969. The court ruled that the vehicles were illegally imported and thus could not be released on Superdari. This case underscores the importance of adhering to customs regulations and the limitations imposed on provincial authorities in matters of customs exemptions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR,
SHAKEEL AHMAD
|
| Lawyers |
Shahid Khan Bangash,
Shahid Hameed Qureshi
|
| Petitioners |
Others,
Bhutto Khan
|
| Respondents |
Others,
Inspector-General of Police Khyber Pakhtunkhwa, Peshawar
|
| Citations |
2018 SLD 2095,
2018 PTD 1716
|
| Other Citations |
Criminal Petitions Nos. 802 of 2015 and 22 of 2016
|
| Laws Involved |
Customs Act, 1969,
Criminal Procedure Code (V of 1898)
|
| Sections |
19,
561-A
|