Key Takeaways
- Lahore High Court rules late-night customs raids on tire traders illegal.
- Judges invalidate seizures made without proper legal procedures.
- Traders must be present and given a chance to prove legality of goods.
The Lahore High Court has ruled that late-night customs raids on tire traders' shops and warehouses are illegal, setting aside the seizure of goods carried out without following mandatory procedures.
A two-member bench, comprising Justice Muzammil Akhtar Shabbir and Justice Syed Ahsan Raza Kazmi, issued the ruling on a constitutional petition filed by Ataullah and 10 other traders challenging the customs action.
The court held that breaking shop locks and confiscating goods in the owners' absence amounted to a serious violation of the law, emphasizing that customs officials cannot remove goods by forcing entry without completing the required legal process.
According to the judgment, the raids violated the Federal Board of Revenue’s standard operating procedures, and prior approval from the chief collector or director general is required for nighttime raids.
The bench further ruled that a seizure inventory prepared without the owner and independent witnesses present had no legal standing, and traders must be given an opportunity to produce documents establishing the legality of their goods before action is taken.
Allowing the petition, the court invalidated the disputed seizures and emphasized that customs enforcement must follow the procedures prescribed by law.
The ruling provides significant relief to business owners who have faced such raids, ensuring that their rights are protected and that any future actions must adhere to strict legal standards.
The decision underscores the importance of due process and legal compliance in the enforcement of customs regulations, particularly in sensitive business environments.
