FAZAL BARI Versus MODEL CUSTOM COLLECTOR, CUSTOM HOUSE, QUETTA

ORDER

QAZI FAEZ ISA, C.J.--- The following prayer has been made in this petition:- "it is accordingly respectfully prayed that this honorable court may graciously be pleased to set aside the notice of seizure dated 20-7-2012, in respect of vehicle Display No.KA-23, Toyota Corolla (Car), Color Gray, Model 1993, Chassis No.AE-104- 0020753 and Engine No.4AK-462378, in lieu of such the above, the vehicle may kindly be order to be retuned back to the petitioner with through out cost of the instant petition, in the larger interest of justice equity and fair play. "

2. It is stated in the petition that the said vehicle was seized by the respondent No.1 exercising powers under section 171 of the Customs Act, 1969, however, the said seizure was illegal as the petitioner held a valid Rahdari that was issued by the Deputy Commissioner, Killa Abdullah at Chaman (respondent No.2), paragraphs 1 and 2 whereof are reproduced hereunder:--

"I. Permission is hereby granted to MR. FAZAL BARI son of Safer Muhammad, residing at Chaman to cart), his owned vehicle mentioned below for the purpose of individual capacity within the territory of District Killa Abdullah on special important task concerning Law & Order situation of the District, assigned by the undersigned. Permission is also accorded to carry this vehicle to Quetta for his individual visit, under the following instructions:-

PARTICULARS OF VEHICLE

. TYPE OF VEHICLE: TOYOTA COROLLA (CAR)

. COLOR: GREY

. MODAL : 1993

. CHASSIS NO : AE-104-0020753.

. ENGINE NO : 4AK-462378.

2. All Law Enforcement Agencies are requested to facilitate the individual and all possible legal assistance in accomplishment of the given task will be extended to him. However, the undersigned is not responsible for any criminal activities."

3. Notices were issued to the respondents. The learned D.A.G. appeared on behalf of the Custom authorities (respondent No. 1) and the learned A.A.-G. on behalf of the Deputy Commissioner and Government of Balochistan (respondents Nos.2 and 3 respectively). The learned A.A.-G. stated that the Rahdari referred to by the petitioner in his petition was not issued by respondent No.2 and the same is a fake document. The learned D.A.G. and A.A.-G. state that no vehicle can ply in respect whereof the applicable customs duties and taxes have not been paid and there is no concept of Rahdari either in the Customs Act, 1969 or the Motor Vehicle Ordinance, 1965 and that issuance of Rahdaris in respect of vehicles is illegal.

4. That after the Deputy Commissioner had filed reply stating that the said Rahdari was not issued by him or his office. We had directed the petitioner to be present, but he remained absent despite the fact that bailable warrants of arrest are issued and same is the position today. It appears, that the petitioner having been found out that the document relied upon by him was a fake document avoided attending the court despite being directed to do so. Under the circumstances respondents will be at liberty to prosecute the petitioner in accordances with law.

5. We agree with the contention of the learned D.A.G. and A.A.-G. that there is no concept of rahdari in either the Customs Act, 1969 or the Motor Vehicle Ordinance, 1965 and that without payment of customs duties and other applicable taxes and without possessing a valid registration number no vehicle can be driven as the same would be in contravention of the said laws. It has however come to our notice that both the Provincial and Federal Governments, through departments and agencies under their respective control are issuing such type of rahdaris. The said practice is completely illegal for a number of reasons. The holder of a rahdari in respect of a vehicle is facilitated to break the law by plying his vehicle without payment of applicable customs duties and taxes under the Customs Act, 1969 and or without a registration number, issued by the registration authorities under the Motor Vehicle Ordinance, 1965. Under cover of a rahdari the holder relying upon his special status as acknowledged by the issuing authority may also resort to illegal activities, such as, smuggling of drugs or transportation of arms, ammunition and or explosives.

6. We accordingly direct the Government of Pakistan and Government of Balochistan and all departments and agencies under their respective control, including the Inter-Services Intelligence, Military Intelligence, Special Branch, Police authorities and district administrators to immediately desist from issuing rahdaris for vehicles. We further direct them to immediately withdraw and cancel rahdaris that may have been issued.

7. Copy of the order passed today be sent for information and compliance to the Ministry of Defence and Ministry of Interior of the Government of Pakistan, Federal Board of Revenue, Home Secretary, Government of Balochistan, Secretary Excise and Taxation, Government of Balochistan and Inspector General of Police Balochistan.

Petition is disposed of in the aforesaid terms.

MH/45/Bal. Order accordingly.