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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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. D,E,F & H
9 Dispensation Application.
10 Affidavit.
11 Vakalatnama

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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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