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Petitioner: AMIR KHAN through Zia-ud-Din Chaman VS Respondent: SUPERINTENDENT CUSTOMS (IMPORT) CUSTOMS DRY PORT, FAISALABAD and another
Court Name: Lahore High Court Judge(s): Sh. Azmat Saeed, M. Bilal Khan Title:AMIR KHAN through Zia-ud-Din Chaman vs SUPERINTENDENT CUSTOMS
(IMPORT) CUSTOMS DRY PORT, FAISALABAD and another Case No.: Customs Reference No 42 of 2007 Date of Judgment:2007-05-11 Reported As: 2007 PTD 2480 Result: Case remanded Judgment ORDER ' This appeal under section 196 of the Customs Act, 1969 is directed against the order and judgment of the Tribunal dismissing the appeal filed by the present appellant. It is inter alia contended by the learned counsel for the appellant that Hafiz Muhammad Anees who was a Member Technical of the Tribunal, which passed the impugned order was also the Collector of Customs, Faisalabad under whose direction the show-cause notice was issued to the appellant, initiating the proceedings culminating in the impugned order of the Tribunal. It is contended that the propriety demands that Hafiz Muhammad Anees should have recused himself from hearing the appeal. He became a Judge in his own cause. Furthermore justice should not only be done but also appear to have been done. The learned counsel for the Department has frankly conceded that in the instant case it could perhaps have been proper for the appeal to be heard by the Tribunal of which Hafiz Muhammad Anees was not a Member. ' It has been noticed that the contentions of the learned counsel for the appellant as to the impropriety of Hafiz Muhammad Anees hearing the case are mentioned in the impugned order but the same were not adjudicated upon. Furthermore the learned counsel for the A Department has not contested the contentions raised in his behalf by the counsel for the appellant. In this view of the matter the impugned order is set said, the case is remanded to the Tribunal for decision afresh after hearing both the parties. The appeal is accepted in the above terms.