P L D 1973 Karachi 188 (PLP)

Sami Ahmed for Petitioner. Abul Khair for Respondent. Dates of hearing : 16th and 23rd August 1972. TUFAIL ALI A. RAHMAN, C. J.‑In this case we were put to the necessity of examining the petitioner and his brother since it is the case of the petitioner that the silver in question was seized from him while it is the case of the respondents that it was seized from his brother Muhammad Saeed.

2. Mr. Sami Ahmad, although he had prayed that we should declare that the action of the Customs authorities in effecting the seizure belonging to the petitioner should be declared Illegal, now agrees that the utmost that he can claim would be a somewhat lower relief. On his own contention no authority, neither the Customs Collector nor ourselves, could on the basis of a cash memo, hold that the person in whose favour the cash memo, purports to be is the real owner, and such a finding could be reached only after examining the person who signed the cash memo and as a result of believing his evidence of course taking into account all other evidence that may be available. In these circumstances Mr. Sami Ahmed therefore only requests that we should direct the Collector of Customs to give to his client the opportunity of proving before him that the silver in question really belongs to himself and then disposing of the silver in accordance with law.

3. On the other hand the learned counsel for the respondents agrees that the silver in question has been forfeited by the authorities on the basis‑that it is not claimed by any party and not on the basis that it belongs to Muhammad Saeed. In view of the fact that at least since 25th of March 1968 the petitioner has 4 been representing to the Customs authorities that he is the owner, the seizure having taken place on the 21st, it is obvious and learned counsel concedes as much that the Customs authorities should have given an opportunity to the petitioner to attempt to prove that the silver in fact belongs to him.

4. In view of these circumstances it becomes unnecessary to examine any other questions in the this case. We direct the Collector of Customs to give an opportunity to the petitioner to prove his case, that is, as to the ownership of the silver in question by all proper and relevant evidence that he should produce. The Collector also will receive any evidence that is offered to the contrary and will then pass such orders as upon the facts established before him are justifiable in law.

5. In the circumstances of the case we do not think it right to make any orders as to costs and none will be ordered. S. A. H. Orders accordingly.