Law: Customs Act, 1969

Section: 2(kk) , 199

Customs Act (IV of 1969)--- ----S. 2(kk)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Detention of vehicle---Car duly purchased by petitioner was taken into custody by Authority through detention memo. issued under S.2(kkl of Customs Act, 1969 on ground that petitioner had evaded customs duty ---Authoritv having failed to bring on record any material or definite proof to prove evasion of customs duty or smuggling against petitioner, his detention was illegal and uncalled for---Authority having itself admitted that vehicle was being released as no material at present was available to justify detention of vehicle, act of Authority taking vehicle into custody, was declared illegal by High Court in exercise of its Constitutional jurisdiction. M. Sharif Warsi for Petitioner. A. Karim Malik for Respondents. ORDER Facts out of which this petition has arisen are that the petitioner is purchaser of second hand Toyota Corollar Car bearing No.PRQ-4264 Model 1990. This car is claimed to have been purchased through an agent namely Shahid Mehmood in September, 1998. It is alleged that the petitioner before purchase had made all necessary inquiries to ensure that the vehicle was properly registered and that all duties had been paid. Petitioner's driver was taking the car to Ichhra when respondent No.2 atongwith his staff took in custody the vehicle alongwith the registration book, through detention memo. issued under section 2(kkl of the Customs Act, 1969. The grievance of the petitioner- is that the act of detention on the part of respondents was illegal and uncalled for.   Respondent No.2 present in Court, alongwith Mr. A. Karim Malik, Advocate, learned counsel for the respondents stated that the car was taken into custody as the Customs Authorities…