Zia Muhammad

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2001 Zia Muhammad alias Shahid S/o Niaz Muhammad, R/o H. No. 946/F, Chah WanceWala, Gilani Road, Multan. Petitioner VERSUS 1. The Collector, Customs, Collectorate of Customs, Sales Tax & Central Excise, 359-H Block, Shah Rukn-e-Alam Colony, Multan. 2. The Deputy Collector, (Adjudication) Collectorate of Customs, Sales Tax & Central Excise, 359-H Block, Shah Rukn-e-Alam Colony, Multan. 3. Assistant Collector, Customs, Dry Port Trust, Multan. 4. Superintendent, Directorate of Intelligence & Investigation (Customs, Central Excise & Sales Tax) Range Office 1812/AX, Khanewal Road, Multan. Respondents Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That the petitioner purchased a vehicle as per detail given below: Description of seized goods. MAZDA-3500 (TITAN) Quantity or weight of seized Reg. No. MNN-890 goods. Chassis No. WEL4T-406225. Engine No. 135479. Model 1988

3. That the above-said vehicle was detained on 30.7.2001 by the respondent No. 4 for the production of custom papers in connection with payment of custom duty. The petitioner could not find out the original owner and papers/receipts in respect of payment of custom duty could not be produced, resultantly the seizure report was prepared and the above-said vehicle was seized

on

2.8.2001

vide

letter

No.

C.No.CII(V)Cus/

Seiz/81/2001/881. Copy of seizure report is Annex “A”. 4. That after preparing the seizure report, the matter was placed before the respondent No. 2 for adjudication, who vide order dated 4.8.2001 confiscated the vehicle. Copy of order is Annex “B”. 5. That the petitioner filed an appeal before Member (Judicial) Appellate Tribunal (Customs, Central Excise, Sales Tax) Lahore, who was pleased to accept this appeal vide judgment dated 13.8.2001, with the direction to release the vehicle on payment of duty and taxes with 10% redemption fine on the ascertained value of vehicle. Copy of judgment is Annex “C”. 6. That the petitioner submitted an application before the respondent No. 3 along-with the copy of judgment on 21.8.2001, but for a long time the petitioner was assured that his case is under process. The petitioner submitted another application on 13.11.2001, which was duly received in the office of respondent No. 3, but till now no action is taken in this regard. Previously, when the respondent No. 4 gave a deaf ear to the request of aggrieved persons, they approached this Hon’ble Court; and this Hon’ble Court was pleased to pass orders for the release of their vehicle. Copies of applications and orders are Annexes “D, E, F, G & H”. 7. That the petitioner is left with no other alternate, adequate, efficacious or speedy remedy except to invoke the extra-ordinary constitutional jurisdiction of this Hon’ble Court for the redressal of his grievance, hence this petition.

Keeping

in

view

the

above-mentioned

submissions, it is respectfully prayed that the petition in hand may graciously be accepted and respondents may please be directed to release the vehicle of petitioner in terms of judgment dated 13.8.2001 passed by the Member

(Judicial) Appellate Tribunal

(Customs,

Central Excise, Sales Tax) Lahore, Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioner to meet the ends of justice. HUMBLE PETITIONER, Dated: ___________

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

CERTIFICATE: Certified as per instructions of the client, this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. ______________/2001 Ch. Muhammad Saleem Akhtar Versus Collector, Customs Multan etc.

AFFIDAVIT of: Ch. Muhammad Saleem Akhtar S/o Wali Muhammad, R/o H. No. 175/F, Kachi Abadi, opposite Sher Muhammad Chaki Wala, Mohallah Islampura, Jaranwala, District Faisalabad.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of December 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Ch. Muhammad Saleem Akhtar Versus Collector, Customs Multan etc.

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================

Respectfully Sheweth: That certified copies of Annexures “

”

are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT Dated: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Ch. Muhammad Saleem Akhtar Versus Collector, Customs Multan etc.

DISPENSATION APPLICATION. AFFIDAVIT of: Ch. Muhammad Saleem Akhtar S/o Wali Muhammad, R/o H. No. 175/F, Kachi Abadi, opposite Sher Muhammad Chaki Wala, Mohallah Islampura, Jaranwala, District Faisalabad.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT Verification: Verified on oath at Multan, this _____ day of December 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2001 Ch. Muhammad Saleem Akhtar Versus Collector, Customs Multan etc.

INDEX S. No. NAME OF DOCUMENTS

ANNEXES PAGES

1

Urgent Form

2

Stamp Paper worth Rs. 500/-

3

Writ Petition.

4

Affidavit

5

Copy of Seizure report.

A

6

Copy of order dated 4.8.2001.

B

7

Copy of judgment.

C

8

Copies of applications & orders.

9

Dispensation Application.

10

Affidavit.

11

Vakalatnama

D,E,F & H

PETITIONER Dated: ____________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2001 Ch. Muhammad Saleem Akhtar S/o Wali Muhammad, R/o H. No. 175/F, Kachi Abadi, opposite Sher Muhammad Chaki Wala, Mohallah Islampura, Jaranwala, District Faisalabad. Petitioner VERSUS 1. The Collector, Customs, Collectorate of Customs, Sales Tax & Central Excise, 359-H Block, Shah Rukn-e-Alam Colony, Multan. 2. The Deputy Collector, (Adjudication) Collectorate of Customs, Sales Tax & Central Excise, 359-H Block, Shah Rukn-e-Alam Colony, Multan. 3. Assistant Collector, Customs, Dry Port Trust, Multan. 4. Superintendent, Directorate of Intelligence & Investigation (Customs, Central Excise & Sales Tax) Range Office 1812/AX, Khanewal Road, Multan. Respondents Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. Respectfully Sheweth: 1.

That the names and addresses of the parties have correctly been given for the purpose of their summons and citations.

2.

That the petitioner purchased a vehicle as per detail given below: Description of seized goods. MAZDA-3500 (TITAN) Quantity or weight of seized Reg. No. MNY-9211

goods.

Chassis No. WEL4T-103297 Engine No. 300923 Model 1988 3. That the above-said vehicle was detained on 30.7.2001 by the respondent No. 4 for the production of custom papers in connection with payment of custom duty. The petitioner could not find out the original owner and papers/receipts in respect of payment of custom duty could not be produced, resultantly the seizure report was prepared and the above-said vehicle was seized

on

2.8.2001

vide

letter

No.

C.No.CII(V)Cus/

Seiz/81/2001/881. Copy of seizure report is Annex “A”. 4. That after preparing the seizure report, the matter was placed before the respondent No. 2 for adjudication, who vide order dated

4.8.2001 confiscated the vehicle. Copy of order is

Annex “B”. 5. That the petitioner filed an appeal before Member (Judicial) Appellate Tribunal (Customs, Central Excise, Sales Tax) Lahore, who was pleased to accept this appeal vide judgment dated 13.8.2001, with the direction to release the vehicle on payment of duty and taxes with 10% redemption fine on the ascertained value of vehicle. Copy of judgment is Annex “C”. 6. That the petitioner submitted an application before the respondent No. 3 along-with the copy of judgment on 21.8.2001, but for a long time the petitioner was assured that his case is under process. The petitioner submitted another application on 13.11.2001, which was duly received in the office of respondent No. 3, but till now no action is taken in this regard. Previously, when the respondent No. 4 gave a deaf ear to the request of aggrieved persons, they approached this Hon’ble Court; and this Hon’ble Court was pleased to pass orders for the release of their vehicle. Copies of applications and orders are Annexes “D, E, F, G & H”. 7. That the petitioner is left with no other alternate, adequate, efficacious or speedy remedy except to invoke the extra-ordinary

constitutional jurisdiction of this Hon’ble Court for the redressal of his grievance, hence this petition. Keeping

in

view

the

above-mentioned

submissions, it is respectfully prayed that the petition in hand may graciously be accepted and respondents may please be directed to release the vehicle of petitioner in terms of judgment dated 13.8.2001 passed by the Member

(Judicial) Appellate Tribunal

(Customs,

Central Excise, Sales Tax) Lahore, Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioner to meet the ends of justice. HUMBLE PETITIONER, Dated: ___________

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

CERTIFICATE: Certified as per instructions of the client, this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate