2012 SCMR 890 (PLP)
ASADULLAH, INTELLIGENCE OFFICER and others — Petitioners Versus Haji MUHAMMAD RAFIQ — Respondent
| Citation | 2012 SCMR 890 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasir-ul-Mulk and Gulzar Ahmed, JJ |
| Parties | ASADULLAH, INTELLIGENCE OFFICER and others — Petitioners Versus Haji MUHAMMAD RAFIQ — Respondent |
| Primary Law | Customs Act (IV of 1969) |
Q1: What are the key laws and sections cited in 2012 SCMR 890 (PLP)?
This judgment primarily cites: Customs Act (IV of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 SCMR 890 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasir-ul-Mulk and Gulzar Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 SCMR 890 (PLP) (ASADULLAH, INTELLIGENCE OFFICER and others — Petitioners Versus Haji MUHAMMAD RAFIQ — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Rauf Rohaila, Senior Advocate Supreme Court and Haji Zahir Shah, Advocate-on-Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 31st January, 2012.
Headnotes / Summary
(On appeal from the judgment dated 11-7-2011, passed by the Peshawar High Court, Peshawar in R.F.A.. No.29 of 2011 and C.M. No.6 of 2011).
S. 217
Constitution of Pakistan, Art. 185(3)
Seizure of vehicle used as public transport by customs authorities on suspecion the same was non-custom paid-Term "acting in good faith "
Specific plea not considered
Contention of petitioners was that respondent filed . civil suit against petitioner, who was a customs official but none of the courts below dilated upon the plea of "acting in good faith", in terms of 5.217 of Customs Act, 1969 whereas such plea was specifically taken before the . High Court
Leave to appeal was granted by Supreme Court to consider whether petitioners customs (officials) were protected from civil litigation under S.217 of Customs Act, 1969, particularly when Adjudicating officer had ordered confiscation of vehicle in question.
Judgment & Decree
NASIR-UL-MULK, J.
The respondent's vehicle used as a public transport was seized by the Custom Authorities on suspicion that the same was non-Custom paid. During the adjudication proceedings. the Collector found that since the chassis number of the vehicle was tampered with ordered its outright confiscation. The Custom Appellate Tribunal, however, reversed the findings and extended benefit of doubt to the respondent in view of the different reports of the laboratory regarding tampering with the chassis number. The vehicle was, therefore, released to the respondent, whereafter he filed suit for recovery of Rs.11,77,500 as compensation for depriving him daily income of the vehicle Rs.1,000 per day for 911 days, recovery of Rs.66,500 for missing parts and recovery of Rs.200,000 as damages for mental tension etc. He was granted decree amounting to Rs.911,000 coupled with Rs.200,000 as damages in favour of the respondent. The suit was filed against the petitioners Asadullah, Intelligence Officer and one Shaukat Ali (now deceased), Senior Intelligence Officer, who had seized the vehicle. The petitioners had raised the defence under section 217 of the Customs Act that they had acted in good faith in seizing the vehicle. No issue was framed on the plea. The judgment and decree was upheld by the High Court. None of the three Courts dilated upon the plea raised by the petitioners of acting in good faith, in terms of section 217 of the Customs Act. The plea was specifically taken before the learned High Court as is evident from para No.3 of the impugned judgment.
2. Leave to appeal is granted to consider whether the petitioners were protected from civil litigation under section 217 of the Customs Act, particularly when the Adjudicating Officer (Collector) had ordered the confiscation of the vehicle. C.M.A. No.557-P of 2011 The execution proceedings are suspended subject to notice. M.H./A-11/SC Leave granted.