Case Details

Citation(s)
2005 SLG 627 2005 SLD 627 2005 PTD 1469
Sindh High Court
C.P. No. D-907 of 2004, decision dated: 4-11-2004


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ALTAF HUSSAIN through Lawful Attorney

VS

MUHAMMAD ASLAM and 5 others

Law:

Section:

Customs Act (IV of 1969)--- ----Ss. 168 & 194-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Confiscation of vehicle and imposition of penalty---Petitioner had conceded in his Constitutional petition that all grounds urged in the Constitutional petition had been taken by the petitioner in his appeal which was pending before the Appellate Tribunal---Effect---Such being the position it was evident that not only adequate alternate remedy was available to the petitioner against the orders impugned in the Constitutional petition but such remedy had already been availed by him---No valid justification, in circumstances, was available for the High Court to entertain the Constitutional petition at such a stage---Petition was dismissed in limine with the observation that Appellate Tribunal shall hear and dispose of the pending appeal of the petitioner within two months from the date of communication of order of the High Court. ORDER ANWAR ZAHEER JAMALI, J.--- By this petition, the petitioner has challenged the orders, dated 8-7-2004 and 31-12-2003 passed by respondents Nos. 3 and 4 respectively, whereby vehicle bearing registration No. CJ-3660, Toyota Hiace. Chassis No. LH-110-0001888, Engine No.21-2151076 was ordered to be confiscated with penalty of Rs.1,00,000. In the memo. of petition, while narrating the relevant facts of the case, in para. 30 of the…
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