KARACHI: A full bench of Supreme Court of Pakistan has warned the Directortate of Intelligence & Investigations, Multan, Pakistan Customs against filing of frivolous cases or face imposition of substantial cost.
The bench was hearing a Civil Petition for Leave to Appeal (CPLA) filed against an order of Lahore High Court (Lahore Bench) in a Custom Reference No 33539/2019. The petitioners include Additional Director, Multan Dr Mumtaz Ali Raja and Syed Itrat Hussain Deputy Director, D.I.T Multan. The LHC upheld the judgment passed by Custom Appellate tribunal, Lahore.
As details of the matter, DIT seized a vehicle on 30-12-2013 while duty, taxes etc were paid on 12-11-2013. The ground of seizure was that the vehicle was imported in violation of Import Policy Order dated 8-3-2013. The issue was decided by Karachi bench of Custom Tribunal as it was a part of larger consignment. The judgment of Karachi bench dated 22-1-2018 was challenged in a SCRA by the D.I.T which was dismissed and order of tribunal attained finality as it was not challenged.
The Supreme Court bench held that once the same matter has already been adjudged upon and attained finality it could not again be unilaterally taken up by the Directorate. The bench further observed that action of Directorate is patently illegal and has wasted the time of adjudicating authorities and of superior courts. “No point has been agitated which may persuade us to grant leave to appeal which is declined and consequently this appeal is dismissed”, the SCP full bench ordered directing the Director General of D.I.T Multan to ensure that frivolous cases are not filel failing which substantial cost would be imposed on the department.
The bench also ordered that as the seized vehicle has been auctioned, the auction proceed be released to the owner immediately.