| Case ID |
f78f4c8c-d23a-4506-97b8-bcb2fb3bfa69 |
| Body |
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| Case Number |
Custom Reference No. 32-P of 2015 |
| Decision Date |
Feb 18, 2016 |
| Hearing Date |
Feb 18, 2016 |
| Decision |
The Peshawar High Court upheld the decision of the Customs Appellate Tribunal regarding the confiscation of the petitioner's vehicle, which had been intercepted for smuggling goods multiple times. The court emphasized that the Customs Act, 1969 and the S.R.O. No. 499(I)/2009 allowed for confiscation without an option for redemption fine in cases of repeated smuggling. The court found that the petitioner failed to provide a plausible explanation for the smuggled goods and confirmed that the previous warnings had been ignored. |
| Summary |
This case involves the confiscation of a vehicle belonging to Khan Wali, which was seized by Customs authorities for smuggling foreign origin cloth. The case highlights the application of the Customs Act, 1969, particularly sections regarding confiscation and penalties for smuggling. The petitioner challenged the confiscation, arguing procedural violations, but the court maintained that the repeated use of the vehicle for smuggling justified the decision. The ruling underscores the strict enforcement of customs regulations and the implications of repeated offenses, reflecting the importance of compliance with import laws. This case is significant for understanding customs enforcement and the legal ramifications of smuggling activities in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Customs Federal Excise and Sales Tax Appellate Tribunal
|
| Judges |
Yahya Afridi,
Muhammad Younis Thaheem
|
| Lawyers |
Muhammad Rafiq,
Barrister K.G. Sabir
|
| Petitioners |
Khan Wali
|
| Respondents |
,
The Collector MCC, Peshawar
|
| Citations |
2016 SLD 1209,
2016 PTD 2388
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
2(s)(iii),
157,
189,
181,
196
|