Law: Customs Act, 1969

Section: 181

(a) Customs Act (IV of 1969)--S. 181---Constitution of Pakistan (1973), Art. 185(3)---Seizure of goods by Customs Authorities on account of charge to smuggle the same out of country--­Deputy Collector Customs in his order directed confiscation of goods on the ground that charges stood established---Collector (Appeal) while dismissing appeal gave option to petitioners to redeem goods subject to payment of redemption fine equal to 50 per cent. of value thereof---During pendency of Constitutional petition, it was revealed that seized goods being perishable had been auctioned by Authorities and proceeds thereof deposited in Government treasury---Goods had already been sold before petitioners could seek remedy before High Court---On account of disposal of goods it had become impracticable for Courts to restore original goods to petitioners---Constitutional petition against order of Customs Authorities was dismissed---Conclusion drawn by High Court, thus, did not suffer from any material factual or legal infirmity. (b) Administration of justice--- ---- Authority vested with quasi judicial forums connected with adjudication or determination of rights of citizens must be vigilant and cautious while exercising their powers/jurisdiction. (c) Auction--- ---- Constitution of Pakistan (1973), Art. 185(3)---Auction of seized goods--­Authorities were bound to ensure that auction proceedings were transparent and procured price fairly closer to market value---Competent Authority was required to adopt, adequate measures for obtaining better results so that consequential legal right or benefits accruing from such auction proceedings to either party was not jeopardized. JUDGMENT MUNAWAR AHMAD MIRZA, J.---This appeal for leave to appeal is directed against the judgment dated 9-12-1996 passed by learned Division Bench of High Court of Balochistan, Quetta, in Constitution Petition No.369 of 1996. 2. Relevant facts precisely mentioned are that on 17-10-1994 at about 11:30 p.m. personnel of Kharan Rifles while on Gusht intercepted three passenger buses wherein petitioners were found transporting ' Banaspati Ghee' consisting of following details in terms of quantity and weight besides…

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