KARACHI: A bench of High Court of Sindh comprising Justice Agha Faisal and Justice Jawad Akbar Sarwana disposed of a Special Customs Reference Application in favor of the applicant, Khalid Mehmood Rajpar Advocate appeared for the applicant department while Ms Dil Khurram Shaheen Advocate represented respondent Muhammad Sarwar, owner of the confiscated vehicle used in smuggling.
The main question of law before the court was that Whether the Customs and Appellate Tribunal Karachi is justified in setting aside the Order in Original dated 02.03.2023 in the impugned judgment where the appeal was instituted for release of vehicle without considering the fate of outright confiscation of smuggled goods and the applicant can hold the possession of that confiscated goods in terms of section 182 of the Customs Act, 1969.
As the SCRA was taken up, counsel for the applicant department argued that the questions of law arising out of the impugned judgment have been decided in favor of the applicant department by virtue of judgment of Supreme Court of Pakistan in a number of cases. He cited the case laws.
Ms Dil Khurram Shaheen, counsel for respondent articulated no cavil to such arguments by the counsel for applicant.
The bench in view of binding judgments of apex court disposed of the SCRA in favor of the applicant department.
