Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Specific Relief Act (I of 1877) ---.--- ---.--- -Ss. 42 & 54 ---.--- Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2 ---.--- Suit for declaration and injunction ---.--- Interim injunction, grant of ---.--- Recovery of possession ---.--- Vehicle in question was detained by Customs authorities alleging the same to be a smuggled vehicle ---.--- Plaintiff sought recovery of possession of vehicle on the plea that he was bona fide purchaser of vehicle which was sold by Customs authorities in auction ---.--- Validity ---.--- No element of mens rea existed on the part of plaintiff who purchased the vehicle against valuable consideration after due verification of title of its former owner ---.--- No reasonable grounds existed to postulate and predicate that plaintiff was in any way concerned in carrying, removing, depositing, harbouring, keeping or concealing or in any manner dealing with smuggled goods or any goods with respect to which there could be reasonable suspicion that they were smuggled goods ---.--- Judicial discretion could be exercised for release of vehicle on Superdari/surety ---.--- If a court could grant final relief, it also possessed inherent jurisdiction to grant temporary relief pending before it ---.--- High Court directed the authorities to hand over possession of vehicle in question to plaintiff subject to final outcome of adjudication proceedings finalized by Customs authorities ---.--- Application was allowed in circumstances. 2013 PTD 765; Collector of Customs, Peshawar v. Wali Khan and others Civil Appeal No.1050 of 2009; Indus Trading and Contracting Company v. Collector of Customs (Preventive) Karachi and others Civil Appeal No.1600 of 2006; Messrs Ghani Tayyab (Pvt.) Ltd. v. Federation of Pakistan and others Civil Petitions Nos.832-K to 833-K of 2011; Messrs Binaco Traders v. Federation of Pakistan and others 2006 PTD 1491 and Malik Muhammad Saeed v. Federation of Pakistan and others 2006 PTD 2167 ref. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This suit for declaration, permanent and mandatory injunction has been brought to seek out following reliefs: "(a) Declare that the act of the officials of the defendants…