SC stays 345 Confiscated vehicles’ delivery

Published December 31, 2003

LAHORE, Dec 30: The Supreme Court has stayed the delivery of around 345 vehicles which were imported in violation of policy, on the appeal filed by the Lahore Customs Collectorate.

Justice Tanveer Ahmed Khan on Tuesday suspended the operation of the Lahore High Court’s division bench order, upholding the Customs Appellate Tribunal’s view of allowing the release of vehicles, mostly wagons, which were confiscated after being imported in violation of the personal baggage rules.

The importers themselves offered the vehicles for summary adjudication and the wagons were confiscated under Section 156 of the Customs Act.

The importers, however, insisted for the release of the vehicles against payment of fine in lieu of confiscation under Section 181 of the Customs Act.

The tribunal and the Lahore High Court agreed with the importers and had ordered release of the vehicles against payment of fine.

The Customs Collectorate counsel submitted before the Supreme Court that the importers did not have any vested right to seek clearance of the vehicles against payment of fine.

The counsel pleaded that the return of confiscated vehicles to the same importers would frustrate the whole rationale of placing restrictions in the import policy. It would further cause a loss of revenue to the government as the disposition through auction would fetch much improved price.

The main petition shall now come up for hearing after the winter vacation.—PPI