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Ex-Parte Decision of an Appeal without Proper Notice or Representation, violating the right to a Fair Trial under Article 10-A of the Constitution of Pakistan, 1973 --- Lahore High Court, Lahore remands Customs Appeal for Rehearing

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Islamabad 19-12-2024: In a significant decision emphasizing the principles of fair trial and natural justice, the Lahore High Court, Multan Bench, set aside a judgment by the Customs Appellate Tribunal and remanded the matter for rehearing. The case, titled Director, Directorate of Intelligence & Investigation, Customs, Multan Vs. Customs Appellate Tribunal, involved allegations of smuggling and procedural irregularities in the adjudication process.

The case arose from two separate appeals decided through a consolidated judgment by the Customs Appellate Tribunal on January 18, 2024. The appeals pertained to seized goods, including foreign-origin cloth, cigarettes, betel nuts, and welding electrodes, claimed to have been purchased via official customs auctions.

The Directorate of Intelligence & Investigation, Customs, Multan, filed a reference under Section 196 of the Customs Act, 1969, alleging that the Tribunal decided one of the appeals (Customs Appeal No. 418/LB/2022) ex-parte, without proper notice or representation for the applicant. The Directorate argued that this violated their right to a fair trial under Article 10-A of the Constitution of Pakistan, 1973.

The Lahore High Court observed several procedural lapses in the Tribunal’s proceedings:

The counsel marked as present for the applicant was not authorized to represent them, leading to the applicant being effectively unrepresented during the proceedings. The Court held that this undermined the applicant’s right to defend its case.
The Court noted that the appeals decided in the consolidated judgment involved separate transactions, goods, and facts, which required individual analysis. The Tribunal’s failure to distinguish between the cases led to an erroneous decision.
The Court cited Article 10-A of the Constitution, emphasizing that due process requires proper notice, the opportunity to be heard, and representation by authorized counsel.

The Lahore High Court set aside the judgment to the extent that it pertained to [Customs Appeal No. 418/LB/2022], remanding the case to the Tribunal with directions to Issue proper notice to all parties, provide the applicant an opportunity to present their case.