KARACHI: A division bench of the Sindh High Court (SHC), comprising Justice Muhammad Junaid Ghaffar and Justice Agha Faisal dismissed special customs reference applications filed by different importers challenging impugning order passed by the Customs Appellate Tribunal at Karachi against detention of imported vehicles seized by customs officials for violation of Import Policy Order.
On 12 March 2021, court announced detail judgment on applications filed by M/s Rabani Khan, M/s Muhammad Irshad, M/s Bakht Zaman, M/s Zafeerullah and other importers.
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Court observed in its order that “these Reference Applications have been filed by the Applicants impugning the Order dated 25.01.2017, passed by the Customs Appellate Tribunal at Karachi in Customs Appeal No. K-1381/2015 & other connected matters. Learned Counsel for the Applicants has read out the order and submits that as per the registration of the vehicles, the same were manufactured in the year 2010, whereas, the forums below have not appreciated the same. She submits that matter be remanded with direction to release the vehicles upon payment of fine and penalty.
We have heard the learned Counsel and perused the record. It appears that the Applicants imported vehicles, which were intercepted and detained at port on the ground that they were not importable under the then Import Policy Order as they were more than five years old and accordingly show cause notices were issued and Orders-inOriginal were passed, whereby, the vehicles were confiscated out rightly. First Appeal before Collector failed and so also the Appeal before the Tribunal
We have, at the very outset, confronted Counsel for the Applicants as to the finding of the fact, inasmuch as according to the respondents, the vehicles as per details available on the manufacturer’s website were of April, 2008 and not of 2010, as claimed by the Applicants.
In support she has referred to the Vehicle Registration document; however, on perusal of the same, it appears that it is not from the country of manufacture; nor in support any other document from the manufacturer were placed on record to rebut such stance of the Respondents.
Be that as it may, even otherwise, it is purely a question of fact as to year of manufacture; therefore, we cannot exercise our jurisdiction in this Reference Application to determine such fact.
Accordingly, no question of law arises out of the order of the Tribunal in question; hence, these Reference Applications are hereby dismissed.
