| Case ID |
3d5d4e0b-2abc-4d90-980a-6ecefe9b54f3 |
| Body |
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| Case Number |
Customs Appeal No.228 of 2002 |
| Decision Date |
Jul 24, 2002 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal of the appellant regarding the confiscation of dump trucks imported in violation of the Import Policy Order of 2001. The court found that the appellant did not contest the charges against him and failed to provide a defense when given the opportunity before the Adjudicating Authority. The court upheld the order of the Tribunal, concluding that the charges of violating the Import Policy were established. The court emphasized that the appellant needed to raise factual issues and defenses at the earliest opportunity, and the absence of such action weakened his case considerably. The court also noted that the practice of releasing confiscated goods upon payment of nominal fines was no longer sustainable following previous judgments. Consequently, the court ruled that no questions of law arose from the Tribunal's decision, affirming the validity of the confiscation order. |
| Summary |
In the case of Customs Appeal No.228 of 2002 heard by the Lahore High Court, the court addressed significant issues surrounding the importation of dump trucks in violation of the Import Policy Order of 2001. The appellant's failure to contest the allegations or provide a defense led to the upholding of the confiscation of the vehicles. The court ruled that the order issued under Section 181 of the Customs Act had the force of statute, and the Tribunal's reliance on expert opinion from an identical case was justified. The decision also highlighted the importance of raising all relevant factual issues at the earliest opportunity. This case underscores the strict enforcement of customs regulations and the consequences of non-compliance, making it a pivotal reference for future customs law cases. Keywords: Customs Act, Import Policy Order, Lahore High Court, confiscation, legal compliance, customs regulations. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Government
|
| Judges |
NASEEM SIKANDAR,
MUHAMMAD SAIR ALI
|
| Lawyers |
Abid Hasan Minto,
Muhammad Akram Nizami,
A. Karim Malik
|
| Petitioners |
MESSRS TAQIUR REHMAN, FAISALABAD
|
| Respondents |
DEPUTY COLLECTOR CUSTOMS (IMPORT), DRY PORT, FAISALABAD
|
| Citations |
2003 SLD 441,
2003 PTD 456
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
181,
180,
196
|