| Case ID |
e15e85f4-cb1d-436c-9006-c8c7d9987b2b |
| Body |
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| Case Number |
C.P. No. D-37 of 2000 |
| Decision Date |
Feb 08, 2001 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition filed by MST. ZAHIDA HASNAIN against the seizure of her vehicle under the Customs Act. The court held that the petitioner had alternative remedies available under the law, which she chose to abandon by invoking constitutional jurisdiction. The court emphasized that once a party has taken recourse to the available remedies under a statute, they cannot simply opt to invoke constitutional jurisdiction. The petition was deemed misconceived and not maintainable, leading to its dismissal. |
| Summary |
In the case of MST. ZAHIDA HASNAIN vs. FEDERATION OF PAKISTAN, the Sindh High Court addressed the issue of vehicle seizure under the Customs Act, 1969. The petitioner sought relief against the unlawful detention of her vehicle, arguing that the seizure was unconstitutional. However, the court ruled that the petitioner had alternative legal remedies available, which she had not pursued. The decision highlighted the importance of adhering to statutory remedies before resorting to constitutional petitions. This case reinforces the principle that parties must utilize all available legal avenues before seeking constitutional relief, emphasizing the procedural requirements in customs-related disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SAIYED SAEED ASHHAD, CHIEF JUSTICE,
WAHID BUX BROHI, JUSTICE
|
| Lawyers |
M.M. Tariq,
Raja M. Iqbal,
Mr. Saghir Hussain Jaffri
|
| Petitioners |
MST. ZAHIDA HASNAIN
|
| Respondents |
6 OTHERS,
FEDERATION OF PAKISTAN THROUGH FINANCE SECRETARY, GOVERNMENT OF PAKISTAN, CENTRAL CUSTOMS AND EXCISE DIVISION PAK-SECRETARIAT, ISLAMABAD
|
| Citations |
2005 SLD 523,
2005 PTD 1010
|
| Other Citations |
PLD 1993 SC 434
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
168
|