KARACHI: The Sindh High Court (SHC) has dismissed reference applications filed by several owners of imported vehicles like Toyota Hiace etc seized by customs officials due to allegedly smuggled/ non-duty paid.
On 4 October 2021, a two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal heard the matter.
During the hearing, counsels for the petitioners and customs department appeared before the court and completed their arguments, after the arguments, the court has dismissed reference applications.
Court also observed in its order that “we are of the considered view that questions framed for determination be answered that are positive, in fovour of the respondents (customs department) and against the applicant, therefore, these reference applications are dismissed”.
Earlier, counsel for the applicants had argued that petitioners have bought vehicles according with law, and all the legal formalities have been completed, however, anti-smuggling organization has seized their imported vehicle unlawfully, without lawful authority and no legal effect and they filed applications before appellate tribunal in which also dismissed.
Citing Customs Appellate Tribunal, Collector of Customs, Deputy Collector of Customs Adjudication, Collector of Customs Anti-Smuggling Organization as respondents, applicants pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Applicants further pleaded the court may direct them to release their imported vehicles and restrain them from taking any adverse action against the applicants.
