KARACHI: The Sindh High Court (SHC) on Monday directed the Collector of Customs Model Customs Collectorate, Hyderabad to release vehicle / oil tanker registration no K-8594 of the petitioner which was detained along with the good i.e 40,000 liters LDO/ship oil by Customs Authorities.
A two-member bench, comprising Justice Nadeem Akhtar and justice Muhammad Faisal Kamal was hearing the constitution petition filed by Mohammed Sharif.
During the hearing, court was informed that no one present on behalf of the Collector of Customs Model Customs Collectorate, Hyderabad to assist the court. On last date of hearing when the matter was adjourned at the request made by said respondent, it was adjourned for today with a note of caution that in case, counsel for the respondent does not appear on the next date court will be passed in accordance with law. After the hearing court passed the order and directed the petitioner to deposit the original documents of the subject vehicle with the Nazir of this court within a week from today as surety and upon endorsement and prepare certificate by the Nazir of this regard, the respondent will release the subject vehicle / oil tanker to the petitioner.
Earlier petitioner’s counsel stated that he lawful owner of the seized oil tanker. On Jan March,2016 vehicle was driven by the driver Mohammed Yaar along with cleaner Bilal, however officials of the said respondent intercepted within the municipal limits of Hyderabad city and detained the goods i.e 40,000 liters LDO /ship oil as well as the vehicle of the petitioner and Mohammad Yaar and Bilal also were taken into illegal confinement without adopting any legal procedure and show cause notice issued to the petitioner.
According to the petitioner, he filed a petition before High Court in which order of the show cause notice has been vecated than petitioner had approached the respondent for releasing his oil tanker but respondent refused it.
Citing Chairman FBR, Collector of Customs Model Customs Collectorate, Hyderabad as respondents, Petitioner pleaded the SHC may direct the respondent to release his vehicle/oil tanker.