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2005 PTD 1469

ALTAF HUSSAIN through Lawful Attorney vs MUHAMMAD ASLAM and 5 others

Citation2005 PTD 1469
CourtSindh High Court
Case No.C.P. No. D-907 of 2004
Date2004-11-04
Judge(s)Anwar Zaheer Jamali, Syed Ali Aslam Jafri
ResultPetition dismissed

ORDER

1. ANWAR ZAHEER JAMALI, J.--- By this petition, the petitioner has challenged the orders, dated 8-7- 2004 and 31-12-2003 passed by respondents Nos. 3 and 4 respectively, whereby vehicle bearing registration No. CJ-3660, Toyota Hiace. Chassis No. LH-110- 0001888, Engine No.21-2151076 was ordered to be confiscated with penalty of Rs.1,00,000.

2. Appellate Tribunal under the Customs Act being Appeal No.676 of 2004, which is pending for adjudication.

3. Though copy of memo. Of such appeal has not been annexed with this petition but on our query learned counsel has candidly conceded that all grounds urged in this petition have been taken by the petitioner in his appeal which is pending before the Appellate Tribunal. This being the position that not only adequate alternate remedy is available to the petitioner against the two orders impugned in this petition but such remedy has already been availed by him, we do not find any valid justification to entertain this petition at this stage. Same is accordingly dismissed in limine with the observations that the Appellate Tribunal shall hear and dispose of the pending Appeal No.676 of 2004 of the petitioner within two months from the date of communication of this order.

4. Foregoing are the reasons of our short order whereby this petition was dismissed in limine today along with listed applications. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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