MUHAMMAD SARWAR versus COLLECTOR OF APPEAL CUSTOMS
Sections 2 (s), 16, 17 and 168 reckless vehicle confiscation / vehicle confiscation / smuggling / non-duty confiscation vehicle was arrested on suspicion of weapons vehicle smuggling, sent to detained vehicle Franz Science Laboratory Customs officials for chemical testing found on the chemical inspector's report that the seized vehicle's chassis number was sealed, so the appellant's vehicle was ordered to be confiscated that was actually unruly. There was an appeal filed by the appellant against the order. The appellant's stand, by Collector Customs (Appeal), was that it was not enough to consider a car chase number just to tamper and smuggle a vehicle, so confiscating the vehicle on such a vehicle was not justified. The appellant had a registration book issued by the Motor Registration Authority far away, under which the vehicle was allotted in the registration number in question. During the course of the investigation no other vehicle was registered at the same chase number on which Chemical Examiner voted, the chassis number was sealed, the actual chassis number was filled with weld material. Nor did the Chemical Examiner comment that another new number was found in the chassis number, nor did the report indicate that the chassis sheet had been replaced by a laboratory expert's statement of respondent's department / customs officials. Was not up to the debate, because when the laboratory expert himself stated that the current chassis number one was registered, then how could the victim's vehicle in question be tampered with by a respondent's customs department to provide any evidence? I have failed that another chase
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