AAM ER FAROOQ, J. This judgment shall decide Writ Petition No.3767/2020 as well as Crl. Org.
No.278-2020 in W.P. No.2817 of 2020, as common questions are involved.
2. The Customs Department seized vehicle apparently owned by respondent No.2; proceedings were initiated which culminated in Order-in-Original No.197-2020 dated 29.07.2020; whereby the vehicle was, ordered to be released unconditionally; appeal was filed by the customs Department before Customs Appellate Tribunal but the Tribunal was not functional at that time; meanwhile, respondent No.2 filed a petition under Article 199 of the Constitution (W.P. No.2817-2020) seeking direction for handing over possession of the vehicle; the referred petition was allowed vide judgment dated 17.11.2020. The referred judgment is under challenge before Hon'ble Supreme Court of Pakistan. The Customs Department has also agitated the matter seeking suspension of Order- in-Original through W.P. No.3767-2020 due to the fact that Customs Appellate Tribunal is non- functional. Respondent No.2 namely Shah Wali filed contempt Application (Crl. Org. 1\10.278-2020) for violation of judgment of this Court passed in W.P. No.2817-2020.
3. Learned counsel for the Customs Department inter alia contended that Customs Appellate Tribunal is functional but the appeal has not been listed for hearing.
4. Learned counsel for the petitioner in Crl. Org. No.278-2020 submitted that despite the order of this Court, possession of vehicle has not been handed over to the petitioner. Learned counsel for Customs Department, responding to the argument, submitted that petition for leave to appeal (CPLA No.3462-2020) has been filed against the judgment of this Court referred above, but same has not been listed for hearing.
5. Arguments advanced by learned counsel for the parties have been heard and the documents, placed on record, examined with their able assistance.
6. The background, leading to filing of above cases, has been noted hereinabove.
7. In W.P. No.3767-2020, the petitioner has challenged Order-in-Original No.197-2020 dated 29.07.2020. The referred order also was challenged by way of appeal before the Customs Appellate Tribunal. Since the Customs Appellate Tribunal is now functional hence instant petition has become infructuous. Though the order directing the Customs Department to hand over possession of vehicle in question was made by this Court through judgment passed in W.P. No.2817-2020, but it was in the context that the Customs. Appellate Tribunal was not functional and Order-in-Original held the field. The. Customs Appellate Tribunal is now functional and this Court was informed that along with the appeal, application for stay is also pending, therefore, it would be appropriate to allow the forum of competent jurisdiction to decide the matter.
8. The writ petition as well as Crl. Org.No.278-2020 is disposed of in light of above observations.