IN THE HIGH COURT OF SINDH, KARACHI.
Const. Petition No.D-1104 of 2010
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Date Order with signature of Judge .
1. For orders on office objection:
2. For Katcha Peshi:
3. For hearing of Misc. No.14457/10:
28.03.2012: Mr. Raza Muhammad Raza for the petitioner.
Mr. Akhtar Ali Mehmood alongwith Mr. Sibtain Mehmood for respondents No.1 & 4 resp.
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Petitioner’s vehicle Toyota Hilux Surf, bearing registration No.WAA-077 was intercepted near Teen Talwar, Clifton, suspected to be smuggled as he failed to show documents. A notice dated 12.04.2010 was served upon the petitioner calling upon him to verify vehicle’s legitimate import and clearance against payment of duty and taxes within five days of the receipt of this detention notice. Instead of producing relevant documents the petitioner filed the present petition. The parawise comments were filed wherein it is stated that laboratory test has revealed that Chassis No. LN 185-1004175 of the vehicle is tampered. In support of such statement laboratory test report was also annexed with parawise comments. Verification from the registration authority in Jaffarabad, Balochistan also revealed that there was no record available to verify registration as it was stated that records have been destroyed.
Learned counsel for the petitioner contended that Custom authorities have no jurisdiction to cease vehicle beyond limits of port of Karachi, as described in Notification No.SRO 108(1)/83 dated 12.02.1983 and since vehicle was ceased beyond the port limits of Karachi, therefore, Custom officials have no jurisdiction to detain and initiate proceedings for confiscation of petitioner’s vehicle. In support of his contentions, he relied upon the cases reported as PLD 1991 SC 630, PLD 1996 Karachi 638, 1999 SCMR 1881, PLD 2000 Lahore 349, 1999 SCMR 1072, PLD 1996 Karachi 68, PLD 1968 Karachi 599, 2000 PTD 3748 and 2004 PCrLJ 1958.
On the other hand, Mr. Akhtar Ali Mehmood, learned counsel for respondent No.1, contended that action was not taken by the Custom officials but was taken by Directorate General of Intelligence & Investigation (Customs & Excise) that was firstly established by the Ministry of Finance, Revenue Division, Government of Pakistan vide letter dated August 1957, whereby the Directorate was given jurisdiction to cover the entire country. The jurisdiction of the Directorate cover each of the four provinces and its officers have been given specific area to operate in each province in order to detect cases of smuggling. Mr. Akhtar Ali Mehmood referred to various SROs. Under such SROs the officials of the Directorate General of Intelligence & Investigation (Customs & Excise) have been given powers under various sections of Customs Act, including power of detention under Section 168(i) of the Customs Act, of any imported items which is suspected to have been smuggled without payment of duties. We have noted that the jurisdiction of Directorate General of Intelligence & Investigation (Customs & Excise) was extended to the whole of Pakistan with a clear idea to detect smuggling and, therefore, even if smuggled goods have left the bounds of the port of Karachi, it can be subsequently detained by the authorized officials if Directorate General of Intelligence & Investigation (Customs & Excise) if there are reasons to believe that such goods have not been duly imported. Such powers are exercisable by the functionaries of the Directorate also in other provinces which have no port. Thus power of seizure and detention has been given in such areas also which are beyond the port limits of Karachi. In the present case, the registration of the vehicles in question was found to be defective and it was also not confirmed by the Registration Authority. The Chassis number was found to be tampered and there was no specific reason given by the petitioner to show that why he was not in possession of the relevant import documents / verifiable registration book. Under the circumstances, we find no justification to interfere with the decision to issue detention notice, hence this petition is dismissed.
JUDGE
JUDGE.
*CP D-1104&-10/ARK/D*