Law: Customs Act, 1969

Section: 168

ORDER

AJMAL MIAN, J.-This petition is directed against the orders dated 25-11-1976, dated 29-1276 and dated 12-8-78 passed by the respondents Nos. 1 to 3 respectively. The facts leading to the filing of the above petition, as asserted in the petition are that the petitioner on 10-4-75 sold his truck bearing Registration No. K. C. T. 1059 (previous No. KAR-8870) to one Tariq son of Khalid under hire purchase agreement dated 23-4-1976 (hereinafter referred to as the agreement), for a sum of Rs. 1,15,000. Under the agreement the purchaser had paid a sum of Rs. 30,000. towards the purchase price. The balance price was payable in intstalments at Rs. 3,000 per month on the 10th of every month from the date of taking over of the physical possession. of the truck (Le. from 10-4-75) until the full price was paid. On 20-5-76, . in pursuance of a credible information, the custom staff apprehended the aforesaid truck (which was abandoned) from village Raj Malik, Tehsil Jatti, District Thatta. On examination of the truck it was found that it contained 12 bales of cloth of foreign origin and 50 bags of oil cakes. The custom staff also found 144 bales of cloth and goods concealed in the near bushes and consequently the custom staff also saw two persons running from the above place of the incident.