SANA ULLAH KHAN vs ASSISTANT COLLECTOR ANTI SMUGGLING ORGANIZATION Ss — 2022 PTD 626 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PTD 626 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PTD
Parties: SANA ULLAH KHAN vs ASSISTANT COLLECTOR ANTI SMUGGLING ORGANIZATION Ss
Subject matter: Criminal
Provisions referred to: S. 156; 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

SANA ULLAH KHAN VS ASSISTANT COLLECTOR ANTI SMUGGLING ORGANIZATION Ss.156(1)(90) & 181---Option to pay fine in lieu of confiscation of goods---Discretionary jurisdiction---Scope---First appellant was the driver while the second appellant was the owner of trailer on which goods were loaded from port of entry at Karachi to the port of destination i.e. Lahore---Driver instead of terminating his journey at the destined place, took the conveyance to an unknown place where it was confiscated by the Customs authorities---Show cause notice was issued to the appellants which was replied by them and ultimately offences in terms of Cls. (8), (89) & (90) of S. 156(1) of Customs Act, 1969, were held to be fully established---Vehicle was confiscated, however, it was ordered to be released on payment of fine at the rate of Rs.1,00,000/- each in lieu of confiscation---Main argument of the appellants was that the penalty imposed on the driver was harsh---Validity---Section 156(1)(90) of Customs Act, 1969, showed that besides confiscation, any other person concerned was liable to a penalty---Quantum of fine in lieu of confiscation was left on the discretion of the officer of Customs---Driver was incharge of the vehicle and was liable to fulfil his liability to deliver the goods at the destined place---Appeal was dismissed.

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