1991 PLP 1951 (SCMR)
Syed ADIL AHMED (Minor) — Petitioner Versus DEPUTY COLLECTOR CUSTOMS AND CENTRAL EXCISE
| Citation | 1991 PLP 1951 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. and Abdul Qadeer Chaudhry, J |
| Parties | Syed ADIL AHMED (Minor) — Petitioner Versus DEPUTY COLLECTOR CUSTOMS AND CENTRAL EXCISE |
| Primary Law | Customs Act (IV of 1969) |
Q1: What are the key laws and sections cited in 1991 PLP 1951 (SCMR)?
This judgment primarily cites: Customs Act (IV of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1951 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ. and Abdul Qadeer Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1951 (SCMR) (Syed ADIL AHMED (Minor) — Petitioner Versus DEPUTY COLLECTOR CUSTOMS AND CENTRAL EXCISE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Malik, Advocate Supreme Court and SA.M. Quadri, Advocate- on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 4th June, 1991.
- Khalid Malik, Advocate Supreme Court and SA.M. Quadri, Advocate- on‑Record for Petitioner.
Headnotes / Summary
(Against the judgment of the High Court of Balochistan, dated 29-8-1990 in Civil Petition No.85 of 1990).
Ss. 85(f) & 156
Constitution of Pakistan (1973), Arts. 185(3) & 199
Seizure of vehicle found loaded with contraband Charas
Confiscation of vehicle-- Petitioner's appeal and revision against confiscation of vehicle were dismissed as also his Constitutional petition
Petitioner pleaded his minority and non-service of show-cause notice
Driver of vehicle being paid by petitioner used to ply the vehicle on behalf of the petitioner, therefore, he was vicariously liable for the acts of commission or omission relating to the vehicle entrusted to the driver-- Vehicle in question, having been apprehended on 18-10-1988, same was transferred in the name of petitioner on 9-1-1989
Such fact itself showed mens rea of petitioner or his agent
Constitutional petition could not be directed against orders of Administrative Tribunals having jurisdiction in the matter-- Leave to appeal was refused in circumstances.
Judgment & Decree
ABDUL OADEER CHAUDHRY, J.‑‑‑Leave to appeal" is sought against the judgment of the High Court, dated 29‑8‑1990.
2. The facts, in brief, are that the vehicle release of which was sought by the petitioner was found loaded with contraband Charas. Mubarak Khan was the driver of the oil tanker. A show‑cause notice was served upon the driver. The Deputy Collector, Customs, on 8‑6‑1989 confiscated the oil tanker. Appeals before the Collector and the revision petition before the Member, Central Board of Revenue, were dismissed. These orders were challenged in Constitution Petition before the High Court which was dismissed by the impugned judgment.
2. Learned counsel for the petitioner agitated the same point which did not find favour with the High Court. He submitted that the petitioner is a minor and no notice was served upon him. The petitions before the High Court and in this Court were filed by one Syed Haider Shah. The High Court has observed that Mubarak Khan was a paid driver who used to ply the vehicle on behalf of the petitioner, therefore, he was vicariously liable for the commissions or omissions relating to the vehicle entrusted by the petitioner to the driver.
3. Admittedly, the vehicle was apprehended on 18‑10‑1988. It was transferred in the name of the petitioner on 9‑1‑1989. This fact itself shows mens rea of the petitioner or his agent. The Constitution petition cannot be directed against such orders of the Administrative Tribunals having jurisdiction in the matter.
4. This petition has no force. The same is dismissed and leave to appeal is refused. AA./A‑868/S Leave refused.