Legal Case Summary

Case Details
Case ID 41aa86f9-61e1-427d-bbce-ad7c60a01dd8
Body View case body.
Case Number Civil Petition No. 3855 of 2019
Decision Date Nov 29, 2019
Hearing Date Nov 29, 2019
Decision The petition for leave to appeal was dismissed and leave was refused. The court found that the petitioner had ample opportunities to present his case before the lower forums but failed to do so. The argument regarding the contradictory reports from the Forensic Science Laboratory was deemed an afterthought, as it was not raised in the earlier proceedings. Additionally, the delay in filing the Customs Reference was not justified, and the explanation regarding the special attorney's illness was found to be neither convincing nor plausible. The court upheld the dismissal of the petition due to lack of merit.
Summary In the case of Civil Petition No. 3855 of 2019, the Supreme Court of Pakistan reviewed a decision from the Peshawar High Court concerning a Customs Reference. The primary issue revolved around the confiscation of a vehicle and the legality of the Customs authorities' actions based on forensic evidence. The petitioner argued that there were conflicting reports from the Forensic Science Laboratory regarding the vehicle's chassis number, which he believed warranted a more lenient approach. However, the court determined that the petitioner had sufficient opportunities to contest the findings but failed to do so. Furthermore, the delay in filing the Customs Reference was attributed to the petitioner’s special attorney, whose health issues did not provide a valid excuse for the significant lapse in time. The court ultimately dismissed the petition, reinforcing the importance of timely legal action and the necessity of presenting a robust defense at all stages of the proceedings. This case highlights the critical intersection of customs law and procedural requirements in Pakistan's legal landscape, emphasizing the need for petitioners to be diligent in their legal pursuits.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges UMAR ATA BANDIAL, IJAZ UL AHSAN
Lawyers Arbab Shabbir Ahmed
Petitioners NOOR MUHAMMAD
Respondents CUSTOMS APPELLATE TRIBUNAL, PESHAWAR BENCH
Citations 2020 SLD 164, 2020 SCMR 246
Other Citations Not available
Laws Involved Customs Act, 1969, Limitation Act, 1908
Sections 156(1)(89), 193, 194A, 5