PANJGOOR GOODS TRANSPORT CO. vs FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad Ss — 2022 PTD 59 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PTD 59 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PTD
Parties: PANJGOOR GOODS TRANSPORT CO. vs FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad Ss
Subject matter: Criminal
Provisions referred to: S. 181; S. 2; Customs Act

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

PANJGOOR GOODS TRANSPORT CO. VS FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad Ss. 2(s), 156(2), 157(2) & 196---SRO No.499(I)/2009, dated 13-06-2009---Smuggling of goods---Confiscation of vehicle---Respondent was alleged to have smuggled goods and his vehicles were also found to be used in violation of Ss.2(a), 156(2), 157(2) & 178 of Customs Act, 1969, therefore, vehicles were confiscated by authorities---Validity---Offence was governed by SRO No.499(I)/2009, dated 13-06-2009, issued under S.181 of Customs Act, 1969, and it provided that no option would be given to pay fine in lieu of confiscation in respect of goods or class of goods mentioned therein---Lawfully registered vehicle/conveyance, having packages and containers inside, found carrying smuggled goods, in false cavities or exclusively or wholly for transportation of offended goods under S.2(s) of Customs Act, 1969, had become subject matter of such offence---Vehicle or conveyance used exclusively or wholly for transportation of offended goods could not be distinguished from the one having packages and containers inside as such conveyance having packages and containers were inclusive of such definition of vehicle / conveyance---High Court answered the question in affirmative in favour of authorities and against the respondent---Reference was allowed accordingly.

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