02 October 2004	Saturday	16 Shaban 1425

PESHAWAR, Oct 1: The Peshawar High Court on Friday summoned the collector customs, Peshawar, in person for violating a court's order.

A two-member bench comprising Chief Justice Nasirul Mulk and Justice Qazi Ahsanullah Qureshi ordered that the collector should appear on Oct 13 and explain his position in the case.

The court issued the order in an appeal filed by the collector against decision of the custom appellate tribunal whereby the tribunal had ordered returning a car to an applicant, Gul Nawab. While the court has yet to stay the handing over of the car to the owner, the assistant collector (Auction) auctioned the car.

The customs department had confiscated the car few months back on allegation that the car's chassis plate was tampered and its duties were not paid. However, the appellate tribunal decided the case in favour of Mr Nawab.

On Friday when the bench took up for hearing the application filed for suspending the order of the tribunal, the appellant's counsel, Hashim Raza, requested the bench to stay the handing over of the car till final disposal of the case.

Advocate Malik Haroon Iqbal appeared for Mr Nawab and pointed out to the bench that the appellant had already auctioned the car. He stated that without any stay order from the court the appellant had no legal right to auction it.

The bench asked Mr Raza how could the car be auctioned when the court had yet to issue any order in their favour. The bench decided to summon the collector and ask him why they had acted in such an illegal manner.