KARACHI: A judgment passed by Custom Appellate Tribunal, Karachi bench in Custom Appeal No K-83 of 2024 was set aside by a custom appellate bench of High Court of Sindh and case was remanded back for fresh adjudication.
Earlier the bench heard Khalid Mehmood Rajpar Advocate, counsel for applicant department Directorate of Intelligence & Investigations who submitted that impugned judgment is passed in a perfunctory manner and devoid of any independent reasoning, deliberation and cannot be said to be a speaking order.
The bench emphasized in its order that Custom Appellate Tribunal being last fact finding forum is bound to proffer independent reasons and findings and in absence thereof a perfunctory order could not be sustained. The bench referred to two recent judgments in SCRA 1113 of 2023 and in SCRA 757 of 2015.
The bench also agreed to the arguments advanced by Khalid Mehmood Rajper Advocate and remanded the case back for fresh adjudication. The respondents include one Amanullah of Pishin, Balochistan and Member (Judicial III) of Custom Appellate Tribunal at Karachi.