LAHORE: The Lahore High Court (LHC) on Saturday directed Pakistan Customs to return the gold and US dollars seized from a passenger traveling abroad in their original form.
A two-member bench, led by Malik Javed Iqbal Vains, delivered a detailed nine-page verdict. In its ruling, the court emphasized that altering the form of an item in government custody does not negate the ownership rights of its owner. The verdict stated, “A state cannot retain any item illegally,” and highlighted that citizens are entitled to protection of their property under Article 24 of the Constitution.
The court further clarified that no individual can be deprived of their property without a court order. It also declared the previous order by Customs officials, which involved refunding Rs5.8 million, as unlawful. Additionally, the court noted that Customs had failed to provide any legal proof of an auction process for the gold.
The judgment specified that determining the value of the seized gold does not justify withholding its return. The court additionally imposed a fine of Rs100,000 on the petitioner.
Abbas Ali, in his petition, had claimed that despite being acquitted by the Supreme Court, Customs officials had not returned his gold and dollars. He also alleged that Customs had melted the gold into a brick and, instead of returning it, was offering him only monetary compensation.
During the hearing, Customs’ lawyer explained that the gold had been transferred to the State Bank of Pakistan and that the petitioner could only receive the amount equivalent to the sale proceeds of the seized items.
