KARACHI: A custom appellate bench of High Court of Sindh (SHC) comprising Justice Muhammad Junaid Ghaffar and Justice Agha Faisal dismissed a petition filed on behalf of His Highness Sheikh Hamadan Bin Zayed Al Nahyan as being infructuous.
Muhammad Dabeer Hussain Shah filed the petition on behalf of Sheikh Hamadan through Ali Gohar Masroof Advocate. The petitioner moved the court to cancel the auction of the vehicle which has been confiscated by the Customs Preventive.
The counsel for petitioner submitted that vehicle was imported by air in the year 2008 from Dubai to Rahim Yar Khan. It was under repair at Azam Autos when it was seized by the Pakistan Custom being non custom duty paid. The counsel to a query by the court conceded that import documents have been lost.
The custom department represented by Khalid Rajper advocate maintained that a show cause notice was issued to the Azam Autos on 22-5-2019 after seizure but no one contested it. Subsequently Order in Original 30/2019-20 was also passed on 9-7-2019 where-after the said vehicle was confiscated.
The bench after hearing the sides said that plea taken by the petitioner that he has no knowledge about Show cause does not appeals. The bench also observed that if vehicle was entrusted for repair, it was the duty of the Azam Autos to inform the petitioner of Show Cause Notice well in time.
The bench with above observation held that after passing of ONO, the petition becomes infructuos and remedy available to petitioner is before the Custom’s Appellate Tribunal. The bench then dismissed the petition.