Case Details

Citation(s)
2025 SLG 4382 2025 SLD 4382 = 2025 SCP 368 = 2026 PTCL 5 = (2026) 133 TAX 129 = 2026 PTD 296 = 2026 SCMR 297
Supreme Court of Pakistan
Civil Petition No. 3755 of 2022 (Against Judgment dated 15.09.2022 of Peshawar High Court, Peshawar passed in W.P No.19-P of 2022)
Mr. Justice Yahya Afridi, HCJ Mr. Justice Muhammad Shafi Siddiqui Mr. Justice Miangul Hassan Aurangzeb
For the Petitioner: Mr. Farhat Nawaz Lodhi, ASC. Mr. Syed Rifaqat Hussain Shah, AOR. For the
Respondents: Mr. Abdul Rauf Rohaila, Sr. ASC. Mr. Usman Aziz, Dy. Collector, Customs (through video-link from Peshawar) For the Department: Mr. Saeed Akram, Member (Legal) Customs Mr. Ashraf Ali, Chief Legal, Customs. Mr. Amanat Kha, ADC. Mr. Aftab Alam, Inspector. Date of Hearing: 25.09.2025.

Muhammad Arif Khan. … Petitioner

VERSUS

Collector Customs Model Customs Collectorate ....Respondent

Law: Customs Act, 1969

Section: 2(s), 16, 156(1)(8)(89), 157, 168, 169(5), 201, 169

Law: Imports and Exports (Control) Act, 1950

Section: 3(1), 3(3)

Summary

The petitioner claimed sale proceeds of confiscated black tea under section 169(5) of the Customs Act, 1969, but failed to obtain a court declaration that the goods were wrongly confiscated. The Customs reference and appellate proceedings upheld the confiscation. Hence, the claim for sale proceeds without a proper declaration was dismissed, and leave to appeal was refused.

Core Points

  • Petitioner sought recovery of sale proceeds of seized black tea under Customs Act 1969.
  • The black tea was confiscated under Section 168, violating Sections 2(s), 16, 157 of Customs Act and Section 3(1) of Imports and Exports (Control) Act 1950.
  • Sale proceeds claim was made under Section 169(5) Customs Act 1969, which requires a court declaration that goods were wrongly confiscated.
  • Reference jurisdiction (Custom Reference No. 27-P of 2018) upheld confiscation; Civil Appeal No. 176 of 2020 challenge dismissed.
  • Petitioner must establish ownership and wrongful confiscation through adjudication or appeal before claiming sale proceeds.
  • Petition dismissed; leave to appeal refused.

Law and Section Table

Law Section(s) Citation/Context
Customs Act, 1969 2(s), 16, 156(1)(8)(89), 157, 168, 169(5), 201 Seizure, confiscation, procedure for sale proceeds claim
Imports and Exports (Control) Act 1950 3(1), 3(3) Prohibition of imports, export control provisions

 

ORDER

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