| Case ID |
e087c73e-ace8-440d-bd80-75417e79baff |
| Body |
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| Case Number |
Suit No. 174 of 2004 |
| Decision Date |
Sep 19, 2014 |
| Hearing Date |
Aug 05, 2014 |
| Decision |
The court found in favor of the plaintiff, ruling that the betel nuts were legally purchased and that the seizure by customs authorities was unlawful. The plaintiff's claims for damages due to mental torture and defamation were acknowledged, and the court decreed that the plaintiff was entitled to the return of his property along with compensation. The decision emphasized the importance of lawful property ownership and the need for proper legal procedures to be followed by authorities. |
| Summary |
In the case of Suit No. 174 of 2004 before the Sindh High Court, the plaintiff, Mubishar Pesh Iman, sought a declaration and permanent injunction regarding the seizure of betel nuts by customs authorities. The plaintiff had purchased 50,000 kilograms of betel nuts, which were seized under the suspicion of smuggling. The court ruled that the plaintiff had legally purchased the goods, and the seizure was unjustified. The court's decision highlighted key legal principles regarding property rights under the Customs Act, Sales Tax Act, and Specific Relief Act. It also addressed the issue of damages for mental distress caused by the unlawful seizure. The judgment reinforces the necessity of due process and the protection of lawful property rights in customs enforcement actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zafar Ahmed Rajput, J
|
| Lawyers |
Munir A. Malik,
Basil Nabi Malik
|
| Petitioners |
Mubishar Pesh Iman
|
| Respondents |
2 others,
Federation of Pakistan
|
| Citations |
2016 SLD 271,
2016 PTD 518
|
| Other Citations |
2004 PTD 1189,
2012 CLD 6,
2013 SCMR 507,
2011 PTD 2260,
2015 PTD 2052,
2011 PTD (Trib.) 2347
|
| Laws Involved |
Customs Act, 1969,
Sales Tax Act, 1990,
Specific Relief Act, 1877
|
| Sections |
217,
156(1),
156(89),
45A,
10,
42,
54
|