Case Details

Citation(s)
1993 SLD 289 = 1993 MLD 1333
Sindh High Court
C.P. No.D-1186 of 1990, decided on 26th February, 1992.
Syed Haider Ali Pirzada and Mukhtar Ahmed Junejo, JJ

NAZZAZ ALI ---Petitioner

VERSUS

MEMBER (JUDICIAL), CENTRAL BOARD OF REVENUE and 3 others--Respondents

Law:

Section:

SYED HAIDER ALI PIRZADA, J.---The petitioner in the above petition has prayed for the following reliefs:---   "(i) Set aside the ex parte order, dated 10-2-1985 passed by the respondent No. l as well as order, dated 25-3-1990 passed by the respondent No.l.   (ii) Issue directions to respondent No.l to include Revision No.3(90) Rev Cus/83 in the order, dated 12-6-1986 passed in Revision No.3(207)Rev. Cus/85 as has already been done in respect of other Revisions of the same nature.   AND   While passing such orders, this Hon'ble Court may be pleased to direct the respondents to restore the silver seized from the parcels carried by the petitioner to the petitioner.   And other relief which this Hon'ble Court may deem fit and proper under the circumstances of this case."   The facts leading to the filing of the above petition are that the petitioner is carrying on the business of jewellery and having shops in the major cities of Pakistan under the name and style of Ali Jewellers, and in connection with making of jewellery and allied items, the petitioner purchases silver and gold from different persons who possess same legally. In the last week of April, 1983, the petitioner alongwith some other dealers despatched seven parcels of silver to Karachi from Punjab and while despatching the same through Pakistan Railways, made the declaration regarding the contents of the parcels as `silver' and such word `silver' was written on each and every parcel in bold letters.   It is the case of petitioner that on 26-4-1983 he while coming out the Karachi Cantt. Railway Station Parcel Office, after having taken delivery of three parcels was intercepted by a team sent by respondent No.2 who after inspecting the parcels seized the silver. After the seizure by respondent No.2, the matter was sent to respondent No.3 who being the Deputy Collector of Customs posted in Headquarters, Pakistan Coast Guards, issued a show-cause notice and after hearing the matter, confiscated the silver by his order, dated 8-6-1983. Four other parcels lying in the Parcel Office were also seized alongwith the parcels of other parties and the…
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