KARACHI: A constitutional bench of High Court of Sindh (SHC) comprising Justice Adnan Iqbal Chaudhry and Justice Muhammad Jaffer Raza allowed four identical constitutional petitions filed by owners of luxury vehicle flagged as “Safe Custody” in the data base of Excise and Taxation Department in connection with some related FIRs. As a result a “freeze” was placed on further sale and transfer of said vehicles.
The petitions were filed through Advocate Aneel Zia assisted by Saima Syed Advocate. The counsel for petitioner submitted that the freeze was placed on the basis of a letter Deputy Collector of Customs who requested the Motor Vehicle Wing of Excise & Taxation Department to with-hold further registration of the vehicle unless related FIR is determined. As per Pakistan Customs these vehicle including two Toyota Land Cruisers, one Prado and one Volkswagen were imported using fake Proceeds Realization Certificate (PRCs) which at relevant time constituted an offence under the Customs Act 1969.
The counsel for petitioner pointed out that subject vehicles were not case property in the criminal proceedings under relevant FIRs, nor the petitioners were cited as accused importers.
The bench after hearing the sides held that in the circumstances where the subject vehicle is not seized or confiscated under the provisions of the Customs Act, the petitions are allowed directing the respondent No 2 (Customs) to recall its letter issued to the Excise & Taxation department so that the caution of safe custody marked against the vehicle is removed.