' NASIR-UL-MULK, J.---The respondent's vehicle used as a public transport was seized by the Custom Authorities on suspicion that the same was non-Custom paid. During the adjudication proceedings' the Collector found that since the chassis number of the vehicle was tampered with ordered its outright confiscation. The Custom Appellate Tribunal, however, reversed the findings and extended benefit of doubt to the respondent in view of the different reports of the laboratory regarding tampering with the chassis number. The vehicle was, therefore, released to the respondent, where after he filed suit for recovery of Rs,11,77,500 as compensation for depriving him daily income of the vehicle Rs,1,000 per day for 911 days, recovery of Rs,66,500 for missing parts and recovery of Rs,200,000 as damages for mental tension etc. He was granted decree amounting to Rs,911,000 coupled with Rs,200,000 as damages in favour of the respondent. The suit was filed against the petitioners Asadullah, Intelligence Officer and one Shaukat Ali (now deceased), Senior Intelligence Officer, who had seized the vehicle. The petitioners had raised the defense under section 217 of the Customs Act that they had acted in good faith in seizing the vehicle. No issue was framed on the plea. The judgment and decree was upheld by the High Court. None of the three Courts dilated upon the plea raised by the petitioners of acting in good faith, in terms of section 217 of the Customs Act. The plea was specifically taken before the learned High Court as is evident from Para No,3 of the impugned judgment.
2. Leave to appeal is granted to consider whether the petitioner were protected from civil litigation under section 217 of the Customs Act, particularly when the Adjudicating Officer (Collector) had ordered the confiscation of the vehicle.
C.M.A. No,557-P of 2011