ISLAMABAD: Expressing displeasure over the amnesty schemes announced by governments at different times, the Supreme Court said these schemes played havoc with the economy.
On 23 January 2023, a three-judge bench headed by Justice Qazi Faiz Isa heard the appeal of the Customs Collector against the Appellate Tribunal regarding seizure of a vehicle.
Justice Faiz said that every department had announced 100 one-time amnesties. He further said that the schemes have exposed the inability to curb smuggling of vehicles, adding that why the Federal Board of Revenue (FBR) is not inquired to provide data about the vehicles accepted under the amnesty schemes is.
The bench rejected the appeal of the Customs to impound the vehicle with fake number plates. Customs seized 1998 model Hino trucks in 2018. The Appellate Tribunal decided the case against the department which later went against it in the apex court.
He said that only the Parliament or the provincial assembly has the right to grant pardon and not the department.
Justice Faiz said that the provincial excise department claims that they have the right to levy duty if any vehicle enters the province. He asked the custom officer whether the department is sleeping or selling its posts?
Justice Faiz said, “Smuggling of gold and silver is easy to understand but it is beyond imagination how vehicles are being smuggled into the country.”
He said when such vehicles come on the roads, the customs officials swung into action and started impounding the vehicles, but did not elaborate how they entered Pakistan. He inquired with the officer and told how this vehicle entered the country. Justice Faiz asks him to go to the Chaman border and see how people bring cars into the country.
Justice Yahya Afridi proposed the Customs Collector to receive the Customs Duty and dispose of the matter. Justice Faiz said that courts do not make laws as that is the job of legislatures, while courts only interpret laws.
The counsel for Customs pointed out that its jurisdiction begins when a vehicle enters Pakistan illegally. Justice Faiz told the lawyer that instead of confiscating the vehicle, the Customs should collect the tax.
Justice Faiz remarked that a large number of vehicles with unauthorized number plates can be seen in Islamabad but no one takes action against them, including the customs and the police. He remarked that British Prime Minister Rishi Sunak not only faced a challan but also had to apologize for not wearing a seatbelt in a car, adding that the situation in Pakistan is the opposite.
