Overaged cars stay seized, rules SC

Notes that vehicle imported in violation of policy can't be released

ISLAMABAD:

The Supreme Court has ruled that vehicles imported in violation of the Import Policy Order cannot be released and will remain confiscated. The ruling came in a detailed written judgment issued for reporting purposes.

A three-member bench, headed by Justice Muhammad Shafi Siddiqui and comprising Justice Naeem Akhtar Afghan and Justice Miangul Hassan Aurangzeb, issued this order.

The bench earlier heard dozens of similar appeals concerning vehicles imported in breach of the Import Policy Order 2022.

The SC disagreed with earlier judgments of the Lahore High Court (LHC) and the Customs Appellate Tribunal and held that importing vehicles beyond the prescribed age limit is illegal and such vehicles cannot be released even after payment of fines.

Importers had brought vehicles under the baggage, gift, and transfer of residence schemes. Customs authorities, however, argued that these vehicles exceeded the three- or five-year age limit allowed under the Import Policy Order.

Customs confiscated the vehicles and imposed penalties on importers and clearing agents. The Tribunal and the LHC later allowed conditional release upon payment of a 35% redemption fine and due duties.

The Supreme Court set aside these order, ruling that vehicles older than the permitted age are not importable under Appendix-E of the policy.