| Case ID |
2b6c2839-2b63-4d6f-b3c6-91e21f05274f |
| Body |
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| Case Number |
C.P. No.D-1211 of 1999 |
| Decision Date |
Mar 31, 2005 |
| Hearing Date |
Mar 31, 2005 |
| Decision |
The High Court accepted the constitutional petition on the grounds that the seizure of the vehicle was unlawful due to the non-issuance of a mandatory show-cause notice within the stipulated two-month period following the seizure. The court highlighted the distinction between 'detention' and 'seizure' under the Customs Act, clarifying that detention implies a prohibition on disposal or use of goods pending adjudication, whereas seizure indicates physical custody of goods believed to be involved in an offence. The court expressed concern over the negligence exhibited by the Respondents, which led to financial loss to the public exchequer, and ordered the return of the vehicle to the petitioner. |
| Summary |
This case revolves around the legal interpretation of the Customs Act, 1969, specifically focusing on the seizure and detention of goods. The petitioner, Mrs. Afroze Shah, contested the seizure of her vehicle, a Hyundai Yellow cab, which was allegedly seized without following due process as outlined in the Customs Act. The court emphasized the necessity of timely notification to the petitioner regarding the seizure and the requirement for a show-cause notice to be issued within a specific timeframe. The judgment underlines the critical distinction between 'detention' and 'seizure', highlighting the implications of each within the context of customs law. The ruling ultimately underscores the importance of adherence to legal protocols in customs enforcement, aiming to protect the rights of individuals against arbitrary state actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED, C.J.,
RAHMAT HUSSAIN, JAFFERI, J
|
| Lawyers |
Mr. Farogh Naseem
|
| Petitioners |
Mrs. AFROZE SHAH through Attorney
|
| Respondents |
PAKISTAN through Secretary, Revenue Division, Ministry of Finance and another
|
| Citations |
2007 SLD 1656,
2007 PTD 167
|
| Other Citations |
Collector of Customs v. S.M. Yousuf 1973 SCMR 11,
Iqbal Akhtar v. Ch. Muhammad Mushtaq PLD 1977 Lahore 1318,
Collector of Customs V. Haji Noorul Haq PTCL 2003 CL 716,
Khannan Jan and others v. Deputy Collector Central Excise and Land Customs PTCL 1983 CL 184
|
| Laws Involved |
Customs Act, 1969,
Sea Customs Act, 1878
|
| Sections |
156(10A),
168(2),
168(1),
2(rr),
2(kk),
178
|