Law: Customs Act, 1969

Section: 169

Customs Act (IV of 1969)---Ss. 82 & 169(4)---Imports and Exports Control Act (XXIX of 1950), S.3(1)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Seizure and confiscation of Jewellery (gold and silver) brought under passenger baggage---Sending of gold jewellery to Mint and depositing of silver jewellery with State Bank by authority---Order-in-Original directing refund of sale proceeds of such goods to petitioner in terms of provisions of S.82 of Customs Act, 1969---Issuance of notice under S.169(4) of Customs Act, 1969 by authority for disposal of such goods---Validity---Term "entire sale proceeds" as used in S.82 of Customs Act, 1969 would denote amount received by authority in case goods were sold during pendency of an appeal etc. and authority was legally bound to refund sale proceeds to its owner after deducting necessary charges---Unchallenged order-in-original did not show as to whether such goods had been sold or not, and if gold had been sent to Mint for melting purposes, what happened afterward---If authority had sent melted gold to State Bank, then petitioner would be entitled to its return for re-export pending his departure abroad---If authority had disposed of gold, then petitioner would be entitled to receive its sale proceeds after deduction of necessary charges---Price of gold would be price fetched on date of actual disposal of such gold---Authority had agreed to return silver to petitioner pending his departure abroad---High Court quashed such notice in circumstances with such observations. ORDER This petition has been filed challenging the act of respondent No.3 for issuing notice dated 19 June, 2009 under section 169(4) of Customs Act, 1969 ("the Act") and for, directions to the respondents to return the gold weighing 965 grams and silver weighing 4044 grams seized in Case No.P-579/2003-ITC or equivalent amount of price of gold and silver as prevailing in the market at present. 2. Mr. Nadeem Qureshi Advocate appeared on behalf of the petitioner and submitted that the Deputy Collector of Customs (Preventive) HQ/SWH was not justified in issuing notice dated June 19, 2009 under section 169(4) of the Act through…

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