| Case ID |
3729a9fe-c736-4026-8bc9-1d33ae93f737 |
| Body |
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| Case Number |
D-1360 of 2005 |
| Decision Date |
Feb 01, 2006 |
| Hearing Date |
|
| Decision |
The Sindh High Court set aside the notice issued against the petitioners for recovery of duty drawback. The court emphasized that only individuals making false statements before customs officers could be penalized under the Customs Act. In this case, the petitioners were not the exporters and had merely received payments through crossed cheques from exporters. The court found no basis for imposing penalties on the petitioners, particularly on the wife, who was subjected to coercive recovery measures solely because the house belonged to her. The court directed that costs be paid to the petitioners, highlighting the need to discourage high-handed recovery tactics by customs officials. |
| Summary |
This case involves a constitutional petition challenging the recovery of duty drawback penalties under the Customs Act, 1969. The petitioners, who were not exporters but had financial transactions with exporters, were wrongfully implicated in a fraudulent rebate claim. The Sindh High Court ruled that only those making false declarations could be penalized, and noted the lack of evidence against the petitioners. The decision highlights issues of fairness in customs enforcement and the importance of due process, stressing that penalties should not be imposed based on mere inferences. The case underscores the necessity for customs authorities to operate within the bounds of the law, ensuring that innocent parties are not unjustly penalized. The ruling sets a precedent for similar cases, advocating for accountability in customs proceedings and protecting the rights of individuals against unwarranted recovery actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED, CHIEF JUSTICE,
ALI SAIN DINO METLO, JUSTICE
|
| Lawyers |
Shoukat H. Zubedi for Petitioners,
Raja Muhammad Iqbal for Respondents Nos. 1 to 4,
Mehmood Alam Rizvi, Standing Counsel for Respondent No. 5
|
| Petitioners |
SHAIKH RASHID AHMED and others
|
| Respondents |
ASSISTANT COLLECTOR, SPECIAL RECOVERY CELL, COLLECTORATE OF CUSTOMS (EXPORTS), KARACHI and 4 others
|
| Citations |
2006 SLD 700,
2006 PTCL 486,
2006 PTD 1207
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
32,
156(1)
|