| Case ID |
41aa86f9-61e1-427d-bbce-ad7c60a01dd8 |
| Body |
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| 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
|