Law: Customs Act, 1969

Section: 157

[Customs Act (IV of 1969)].......Sections 157 & 168--Seizure of truck--Customs Authorities seizing truck were unable to show that two new tyres mounted on that truck were smuggled or were purchased from local market without knowledge of their being smuggled--Seizure of truck in such circumstances, held, was illegal, though Customs Authorities might adjudicate into question whether tyres were smuggled or not. ORDER This is a constitutional petition filed by Mir Akbar, petitioner, calling in question the illegal seizure of Bed Ford Truck No. MR-2533. 2. The brief facts of the case are that the petitioner's Bed Ford Truck No. M R 2533 was seized at Kohat Check Post on 15th February, 1968, as it happened contain two new tyres which were mounted. Being aggrieved by the illegal seizure, the petitioner preferred a writ petition in the High Court, which is now before me for disposal. 3. I have heard the arguments of the learned counsel for the petitioner and the Customs Authorities. Unfortunately, the original tile of the case is untraceable and the case per force will have to be dealt with on this basis. In the absence of the file, learned counsel for the respondents is not able to show whether the Bed Ford Truck in Pakistan was doing regular trips across the border or occasional trips. In these circumstances, the case will have to proceed on the basis that it was doing local trips within the country,…

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