| Case ID |
44e37ac0-49dc-4814-96b6-ad31e0c998e1 |
| Body |
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| Case Number |
Cus. Ref. Appln. No. 73 of 2020 |
| Decision Date |
Aug 04, 2022 |
| Hearing Date |
Aug 01, 2022 |
| Decision |
The Quetta High Court ruled in favor of the applicant, Collector Model Customs, Collectorate of Gwadar, regarding the confiscation of a vehicle involved in smuggling Iranian diesel. The court found that the Appellate Tribunal had neglected key evidence, including an unchallenged forensic report that confirmed the vehicle had a tampered chassis number. As a result, the court upheld the Additional Collector's decision to confiscate the vehicle outright, stating that it was rightly confiscated under the Customs Act, 1969. The appeal by the Collector was allowed, and the previous order by the Appellate Tribunal was set aside, affirming the legality of the confiscation. |
| Summary |
In the case of Collector Model Customs, Collectorate of Gwadar vs. Syed Shabbir Ahmed Shah, the Quetta High Court addressed issues surrounding the confiscation of a vehicle involved in smuggling Iranian diesel. The court emphasized the importance of forensic evidence, particularly the unchallenged report that identified the vehicle's chassis number as tampered. The court found that the Appellate Tribunal had failed to consider this crucial evidence, leading to a decision that was not sustainable in law. The ruling reaffirmed the authority of customs officials to confiscate vehicles found to be in violation of the Customs Act, 1969. This case highlights the legal ramifications of smuggling and the importance of maintaining integrity in vehicle identification. The outcome serves as a precedent for future cases involving similar violations, reinforcing the standards of evidence required in customs-related legal proceedings. |
| Court |
Quetta High Court
|
| Entities Involved |
Collector Model Customs, Collectorate of Gwadar,
Pakistan Coast Guard,
Customs Appellate Tribunal, Karachi
|
| Judges |
Zaheer ud Din Kakar,
Muhammad Aamir Nawaz Rana
|
| Lawyers |
Mr. Changaiz Baloch,
M/s. Mazhar Ali Khan,
Yasmeen Khattale
|
| Petitioners |
COLLECTOR MODELL CUSTOM COLLECTORATE OF GAWADAR, CUSTOM HOUSE GADDANI, ON BEHALF OF THE DIRECTOR GENERAL PAKISTAN COAST GUARD, KARACHI
|
| Respondents |
,
Syed SHABBIR AHMED SHAH
|
| Citations |
2023 SLD 7086,
2023 PLJ 114
|
| Other Citations |
2009 PTD 77,
2020 SCMR 246
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
157(2),
164,
171,
196
|