Case ID |
5134d47a-4920-449d-9b7d-cb32765ad1d0 |
Body |
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Case Number |
Writ Petition No.6104 of 2009 |
Decision Date |
Apr 24, 2009 |
Hearing Date |
Apr 24, 2009 |
Decision |
The Lahore High Court directed the authorities to determine the age of the vehicle of the petitioner by counting the number of years from the date of its manufacturing until the date of its shipment after verifying relevant documents. If the vehicle was found to be not more than three years old at the time of shipment, it should be released. The court emphasized that the interpretation of the word 'import' should encompass the entire process of import, not just the date of arrival in Pakistan. The court found that the refusal to release the vehicle was based on indifference by the customs authorities, who failed to consider essential facts. Thus, the petition was disposed of accordingly. |
Summary |
In the case of Writ Petition No.6104 of 2009, the Lahore High Court addressed the issue of vehicle importation under the Customs Act and related rules. The petitioner, Muhammad Shahid, sought the release of a vehicle he imported under the Personal Baggage, Transfer of Residence and Gift Scheme Import of Vehicles Rules, 2007. The central issue revolved around the interpretation of the term 'import' and whether the vehicle met the age requirement of being less than three years old at the time of shipment. The court directed customs authorities to evaluate the vehicle's age based on its manufacturing date. This case highlights key considerations in customs law interpretation, emphasizing the importance of procedural completeness in the import process. It serves as a significant precedent in matters concerning the release of imported vehicles and the responsibilities of customs officials. Keywords: vehicle importation, Customs Act, Lahore High Court, Personal Baggage Scheme, legal interpretation, customs law. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
IRFAN QADIR
|
Lawyers |
Mian Abdul Ghafoor,
Miss Kalmar Parveen
|
Petitioners |
MUHAMMAD SHAHID
|
Respondents |
FEDERATION OF PAKISTAN,
3 OTHERS
|
Citations |
2009 SLD 662,
2009 PTD 1541
|
Other Citations |
Not available
|
Laws Involved |
Customs Act, (IV of 1969),
Personal Baggage, Transfer of Residence and Gift Scheme Import of Vehicles Rules, 2007,
Constitution of Pakistan (1973)
|
Sections |
,
R.3 (i),
Art.199
|