KARACHI: The Sindh High Court (SHC) has recalled its earlier order over a constitutional petition filed by Syed Muhammad Asher Zaidi against auctioning of his alleged smuggled vehicle, Toyota Hilux, without permission of the Appellate Tribunal.
A two-member bench, comprising Justice Irfan Sadat Khan and Justice Arshad Hussain Khan, was hearing the petition. During the hearing, none was present for the petitioner, therefore, the court recalled its interim order made earlier.
On the last date of hearing, court had restrained the customs authorities from auctioning of the vehicle which it said would not be transferred in the name of any third party. The court had also issued notices to Collector of Customs (Adjudication – I) Federal Board of Revenue Director General of Intelligence & Investigation, Administrator Excise and Taxation office as well as Deputy Attorney General of Pakistan, directing them to file their respective comments.
During the hearing, petitioner had submitted that petitioner filed an appeal before the Appellate Tribunal which is pending in respect of his Toyota Hilux bearing chassis no 106-0100678 and during the pendency of his appeal, his said vehicle has been auctioned by the customs authorities without permission of the Appellate Tribunal.
Earlier, counsel for the petitioner stated that said vehicle was imported by Toyota Indus Motor Company Ltd in 1994, which was delivered to M/s Toyota Southern Motor, Karachi for onwards sale to the Inspector General of Police Sindh, same vehicle had made use in the office of Sindh Police for more than 13 years.
According to petitioner, here after the vehicle was subjected to public auction as it was in a “condemned “state. The same was then sold through public auction on dated October 30, 2007 to Taqadus Hussain and after the few hands finally, it was purchased by petitioner on dated May 26, 2015. However, officers of the customs unlawfully detained the same on the pretext that the vehicle has been smuggled.
Petitioner pleaded that SHC may declare that the respondents had seriously erred in the law which auctioning the subject vehicle without intimating the appellate authority and therefore, the auction proceedings are ultra virus of the law.
