The ASSISTANT COLLECTOR CUSTOMS (PREVENTIVE DIVISION), MCC, ISLAMABAD vs SHER MUHAMMAD S — 2022 PTD 1749 ISLAMABAD

Case information

Citation: 2022 PTD 1749 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PTD
Parties: The ASSISTANT COLLECTOR CUSTOMS (PREVENTIVE DIVISION), MCC, ISLAMABAD vs SHER MUHAMMAD S
Subject matter: Civil
Provisions referred to: S. 194---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

The ASSISTANT COLLECTOR CUSTOMS (PREVENTIVE DIVISION), MCC, ISLAMABAD VS SHER MUHAMMAD S.194---Constitution of Pakistan, Art.199---Constitutional petition---Non-functioning of Customs Appellate Tribunal---Scope---Customs department sized a vehicle owned by respondent---Vehicle was ordered to be released unconditionally vide order-in-original---Department filed appeal before the Customs Appellate Tribunal but the Tribunal was not functional at that time---Meanwhile, respondent filed a petition under Art.199 of the Constitution seeking direction for handing over possession of the vehicle; the petition was allowed---Department challenged the judgment before the Supreme Court---Department through the present petition sought suspension of the order-in-original whereas the respondent filed a contempt petition for violation of the judgment passed by the High Court---Validity---Since the Customs Appellate Tribunal was now functional, hence, the constitutional petition had become infructuous---Order directing the Customs Department to hand over possession of the vehicle was made in the context that the Customs Appellate Tribunal was not functional and order-in-original held the field but since now the Customs Appellate Tribunal was functional, therefore, it was appropriate to allow the forum of competent jurisdiction to decide the matter---Petitions were disposed of accordingly.

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