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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Syed ADIL AHMED (Minor) VS Respondent: DEPUTY COLLECTOR CUSTOMS AND CENTRAL EXCISE And 2 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title:Syed ADIL AHMED (Minor) vs DEPUTY COLLECTOR CUSTOMS AND CENTRAL
EXCISE And 2 Other Case No.: Civil Petition No.93-Q of 1990 Civil Petition No.85 of 1990 Date of Judgment:1991-06-04 Reported As: 1991 SCMR 1951 Result: Leave refused Judgment ORDER ABDUL OADEER CHAUDHRY, J.---Leave to appeal" is sought against the judgment of the High Court, dated 29-8-1990. 2. The facts, in brief, are that the vehicle release of which was sought by the petitioner was found loaded with contraband Charas. Mubarak Khan was the driver of the oil tanker. A show-cause notice was served upon the driver. The Deputy Collector, Customs, on 8-6-1989 confiscated the oil tanker. Appeals before the Collector and the revision petition before the Member, Central Board of Revenue, were dismissed. These orders were challenged in Constitution Petition before the High Court which was dismissed by the impugned judgment. 2. Learned counsel for the petitioner agitated the same point which did not find favour with the High Court. He submitted that the petitioner is a minor and no notice was served upon him. The petitions before the High Court and in this Court were filed by one Syed Haider Shah. The High Court has observed that Mubarak Khan was a paid driver who used to ply the vehicle on behalf of the petitioner, therefore, he was vicariously liable for the commissions or omissions relating to the vehicle entrusted by the petitioner to the driver. 3. Admittedly, the vehicle was apprehended on 18-10-1988. It was transferred in the name of the petitioner on 9-1-1989. This fact itself shows mens rea of the petitioner or his agent. The Constitution petition cannot be directed against such orders of the Administrative Tribunals having jurisdiction in the matter. 4. This petition has no force. The same is dismissed and leave to appeal is refused.