| Citation(s) |
|---|
| 2016 SLG 326 2016 SLD 326 2016 PTD 807 2018 PTD 541 |
Lahore High Court
C. A. No. 203/LB/2014, decided on 19th February, 2016.
MR. OMAR ARSHAD HAKEEM, MEMBER (JUDICIAL) & KHAWAJA UMAR MEHDI, MEMBER (TECHNICAL).
Appellant by: Syed Mohib-ul-Hassan, Advocate.
Respondents by: Nemo.
C. A. No. 203/LB/2014, decided on 19th February, 2016.
MR. OMAR ARSHAD HAKEEM, MEMBER (JUDICIAL) & KHAWAJA UMAR MEHDI, MEMBER (TECHNICAL).
Appellant by: Syed Mohib-ul-Hassan, Advocate.
Respondents by: Nemo.
--Appellant: Arshad Hussain Khan s/o Khan Ata Hussain Khan, Multan.
VS
--Respondents: The Collector of Customs (APPEAL courts), Lahore and 5 Others.
Law: Customs Act, 1969
Section: 15,16,17,156,157,158,159,160,161,162,163 ,164,165,166,167,168,169,170,171172,179, 180,193,194,195,196,196J201,550
Law: Criminal Procedure Code (V of 1898)
Section: 1
CODE OF CRIMINAL PROCEDURE, 1898 (V OF 1898) Section 1 The general Acts do not affect the special Acts, Customs Act, 1969 is a special law and its provisions cannot be repealed by the provisions of Cr.P.C. 1 898.-See Sections 168, 170 & 201 of the Customs Act, 1969. Section 550 The contraband imported vehicle was a smuggled one bearing a cut and weld chassis number the same could not be auctioned under the provisions of Cr.P.C due to the overriding effect of Customs Act, 1969.-See Sections 168, 170 & 201 of the Customs Act, 1969. Seizure and auction of property as embedded in Criminal Procedure Code 1898 as well as the Customs Act, 1969.-See Sections 168, 170 & 201 of the Customs Act, 1969. CUSTOMS ACT, 1969 (IV OF 1969) Sections 168, 170 & 201 The contraband imported vehicle was a smuggled one bearing a cut and weld chassis number the same could not be auctioned under the provisions of Cr.P.C due to the overriding effect of Customs Act, 1969.-The impugned Toyota Prado SUV bearing Chassis No. KZJ950050038 and Engine No. 1KZ-0612429 was impounded under section 550 C.r.P.C. 1898 by Depalpur Police Station; Subsequently, a committee was constituted and an open auction of the impugned vehicle was conducted on 4th of June 2010, the appellant being the successful bidder purchased the vehicle against a consideration of Rs. 1.365 Millions. Apparently the impugned SUV was denied registration by the Motor Registration Authority on the premise of absence of customs documents; Aggrieved, the appellant moved to the Learned Civil Court, Okara praying for a direction to Excise and Taxation Officer, Okara for issuance of a registration certificate in his favor and on 18.01.2012 he was able to secure an exparte decree; Aggrieved from orders of Learned Senior Civil Judge, Okara the ETO Okara moved to the Learned Additional District Judge. Okara but the appeal was dismissed; further aggrieved a Civil Revision was filed before the Hon'ble Lahore High Court, Lahore which was also dismissed, in the meanwhile on 02.12.2013 the impugned vehicle was intercepted and seized and later on confiscated on the charges of being smuggled and carrying a tampered/cut weld chassis…
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