1. ' SAJJAD ALI SHAH, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, the petitioner has prayed as follows:--
(1) To declare that the petitioner is owner of vehicle bearing Registration No,BC-5853 Toyota Surf Jeep vide Registration Book and Transfer Letter issued by the Competent Authority/Excise and Taxation Officer (Annexures 'A, B and C' hereto) therefore, the interference of respondent No,1 by removing/taking away/detaining the said vehicle without any prior intimation and show-cause notice was illegal, unlawful, unjustified and coram non judice.
(2) To direct the respondent No,1 to return/restore the possession of the Vehicle bearing Registration No,BC-5853, Toyota Surf Jeep, Model 1991, Chassis No,LN130-0020546 and Engine; No,2L2186725 of the petitioner to him.
(3) To direct the respondent No,1 to produce F.I.R., if any, against the petitioner lodged at police station.
(4) To direct the Authorities concerned/Respondent No,2 to take action according to law against the respondent No,1 for his illegal acts and misuse of his excess powers for interfering/taking away/ detaining the Vehicle bearing Registration No,BC-5853, Toyota Surf Jeep, Model 1991, Chassis No,LN130-0020546 and Engine No,2L2186725 of the petitioner w.e.f, 30-7-2005.
(5) To restrain the respondents and their servants, agents, subordinates and any other persons on their behalf from harassing and threatening the petitioner and his family and to interfere in the Vehicle bearing Registration No,BC-5853, Toyota Surf Jeep, Model 1991, Chassis No,LN130- 0020546 and Engine No,2L2186725 of the petitioner.
(6) Any other/further/additional relief which this honourable Court may deem fit and proper in the circumstances of the case.
(7) Costs of the petition to the petitioner.
2. The facts stated in the memo. Of petition are that the petitioner is a lawful owner of vehicle bearing Registration BC-5853. Toyota Surf Jeep, Model 1991, Chassis No,LN130-0020546 which was purchased by him from one Pir Bux Brohi A son of Umer Ali Brohi and the ownership of the said vehicle was transferred in his name by the concerned Excise and Taxation Officer after necessary verification from customs. It is further the case of petitioner that on 30-7-2005 he parked the said vehicle at Sarwar Shaheed Road but found, it missing on his return. The petitioner lodged a complaint with the concerned police station for tracing the vehicle. Thereafter the petitioner came to know that the staff of the Customs Intelligence (respondent No,1) had taken the said vehicle. The petitioner approached the respondent No,1 and also served a notice upon him but to no effect.
3. Notices were issued to respondents who filed their parawise comments. The perusal of parawise comments reveals that the staff of respondent No,1 received a credible information that a smuggled Toyota Surf, vehicle is being plied on the roads, of Karachi on the basis of fake and bogus documents consequently, on 28-7-2005 the staff of respondent No,1 in presence of two witnesses intercepted the said vehicle at Sarwar Shaheed Road, the person sitting on driving seat introduced himself as Abdul Ghaffar. He was asked to produce import documents but he was not able to produce the same except a Registration Book. The vehicle was detained after serving detention notice dated 29-7-2005 and upon preparing necessary Mashirnama. Thereafter, on 23- 8-2005 notice under section 26 of the Customs Act, 1969 was served upon the said Abdul Ghaffar for production of legal import documents but no document was produced. The Excise and Taxation Officer was also approached and was asked .To supply import documents submitted at the time of registration. In response no import documents were supplied except a computer print out showing the petitioner as registered owner with the endorsement that the original file is returned to owner.
4. The respondent No,1 thereafter made necessary enquiry from incharge PRAL Customs House, Karachi as to import of such vehicle, but no data confirming the import B of such vehicle was found. Consequently, the vehicle was seized under section 168 of the Customs Act for violation of sections 2 (s)(16) of Customs Act, 1969 punishable under clauses (8), (77), (89) and (90) of section 156(1) and after preparing necessary Mashirnama notice under section 171 of the Customs Act, 1969 was dispatched by post to the petitioner and the matter was sent for adjudication who have issued Show-cause Notice No,45(ADJCell)/P/05 dated 24-9-2005.
5. We have heard Mr. Muhammad Races Khan Advocate for the petitioner and Mr. Arif Motan, Advocate holding brief for Mr. S. Tariq Ali, learned Federal Counsel. We have asked Mr. Muhammad Races Khan to show us any document that the vehicle was legally imported and any bill of entry was filed. He has stated that no such document was provided to the petitioner by the seller, Pir Bux Brohi. He has mainly placed reliance on the Registration Certificate issued by Excise and Taxation Officer, Motor Registration Wing, Excise and Taxation Department, Government of Sindh. He has submitted that there is endorsement that customs verification was made by concerned Assistant Excise and Taxation Officer, when the said vehicle was registered in the name of Pir Bukhsh Brohi.
6. We are of the opinion that the documents produced by the petitioner, do not lead to the conclusion that the vehicle was legally imported. This observation made by us is tentative in nature on the basis of material produced before us and final finding in this behalf is to be given by the Adjudication Officer of the Customs Department who has already issued a show-cause notice.
7. ' On perusal of Registration Certification of the vehicle issued by the Motor Registration Authority, Government of Sindh. It appears that the Registration Certification has been issued without proper verification from the Customs Department for the reasons best known to the concerned officials. In cases of like nature we have directed the Chief Secretary, Government of Sindh as well as Director Anti-Corruption, Government of Sindh to make a proper enquiry into the conduct of concerned official of the Motor Registration Wing, Karachi. Excise and Taxation Department, Government of Sindh, and if the officials concerned are not able to furnish proper explanation they may be dealt with in accordance with law. We, therefore direct that a copy of this order may also be sent to the Chief Secretary Government of Sindh as well as Director Anti-Corruption Government of Sindh for similar exercise and report to the Registrar of this Court within two months.
8. With the above observation/ directions we do not find any substances in this petition at this stage and are of the view that the petitioner should pursue the remedy with the Adjudication Officer of the Customs Department in the first instance. The Adjudication Officer of the Customs Department is directed to give proper hearing to the petitioner and decide the case by speaking order strictly in accordance with law if not already decided.
9. ' These are the reasons for the short order dated 23-11-2005 whereby we had D dismissed this petition with the listed applications.