PESHAWAR: A Peshawar High Court bench has expressed annoyance with the production of a citizen’s vehicle in bad shape worn-out condition five years after seizure by the excise department and ordered the department to repair it and install all parts and accessories to restore original condition by Oct 3.

Justice Roohul Amin Khan Chamkani and Justice Ikramullah Khan observed that if any item was found missing from the vehicle on next hearing, strict action would be taken against the relevant officials, including inspectors Sher Mohammad and Nauman Akhtar and assistant excise and taxation officer Iqbal Khan.

They added that the excise department had seized the vehicle, a double-cabin pick-up registered in Sindh, in 2013 and had kept it in custody since then without any proceedings in the case.

Warns officials of action if items found missing from vehicle

The petition is filed by Swabi resident Ali Bahadur, who claimed that he had purchased the vehicle before getting it transferred in his name in Karachi.

Malik Mohammad Ajmal, lawyer for the petitioner, said the vehicle was legally purchased and subsequently transferred in his client’s name.

He however said the Excise Squad had taken possession of the vehicle in 2013 and registered a case against his client alleging that its engine number was tampered with.

The counsel said since then, there had been no progress in the case.

He alleged that the vehicle was roughly used by the department and was handed over to the last excise and taxation minister for use.

The lawyer said the department was reluctant to return the vehicle to his client.

When the bench asked about the vehicle, excise inspector Nauman Akhtar said it had been parked in the Swabi excise warehouse.

The bench directed him to produce the vehicle within an hour.

The court was later informed that the vehicle had been brought to the city in a truck for not being in ‘running condition’. The bench expressed annoyance at the vehicle’s bad condition and observed that the vehicle was misused and manhandled by the relevant officials.

It wondered why the vehicle was parked in the open when it was the responsibility of the relevant officials to take care of it after its seizure.

The bench observed that the vehicle had remained in the possession of the excise authorities since 2013 and therefore, they were bound to restore its original condition with all its tools and accessories in place.

The court ordered the production of the vehicle before it on Oct 3 and adjourned hearing until then warning that in case any item was found missing from the car, the three officials concerned would be held responsible and would be dealt with strictly.

Published in Dawn, September 29th, 2018