Law: Customs Act, 1969

Section: 16

Customs Act (IV of 1969)--Ss.201, 16, 168 & 169---Imports and Exports (Control) Act (XXXIX of 1950), S.3(1)---Criminal Procedure Code (V of 1898), Ss. 523 & 550---Constitution of Pakistan (1973), Art. i99-Constitutional petition---Confiscation of vehicle---Sale of vehicle through auction---Vehicle in question, on suspicion of having been involved in the commission of offence, was detained and confiscated---Petitioner, who claimed legal import of vehicle, requested for its release on payment of duty and taxes, which was accepted and release of vehicle was ordered on payment of redemption fine and duty and taxes leviable---Customs Department, during that period, had already auctioned the vehicle, which offended the petitioner who filed constitutional petition---Petitioner had alleged that vehicle was auctioned in undue haste and that no notice was given to the petitioner before said auction---Customs Department denied said allegations and urged that a notice under S.201 of Customs Act, 1969 was given to petitioner through. registered post---Evidences on record had established that notice under S.201 of the Customs Act, 1969 was given to the petitioner regarding sale/auction of vehicle---Customs Department, in circumstances, could not be held to have violated any provisions of Customs Act, 1969---Constitutional petition was dismissed, however as petitioner was allowed to redeem the vehicle on payment of redemption fine, in addition to duty and taxes leviable thereon, he was entitled to receive the sale proceeds from the department in accordance with law. ORDER ZIA-UD-DIN KHATTAK, J.---The staff of Police Station, Shergarh detained Toyota Land Cruiser Chassis No.LJ780014304, Engine No.2L-3878981, Model 1991 under sections 523/550, Cr.P.C. on suspicion of having involved in the commission of an offence. The occupant namely, Bachauddin, (hereinafter called as the petitioner) could not produce any document regarding legal import of the vehicle whereupon the police authorities sent the vehicle to FSL which could not detect any tampering with chassis frame thereof, as a result, the vehicle was handed over to the Customs Anti-Smuggling Unit, Mardan for further…

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