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ISLAMABAD, Dec 04 (APP): The Supreme Court of Pakistan 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.
The Court issued an important decision concerning vehicles imported in breach of the Import Policy Order 2022, holding that importing vehicles beyond the prescribed age limit is illegal and such vehicles cannot be released even after payment of fines. A three-member bench, headed by Justice Muhammad Shafi Siddiqui and comprising Justice Naeem Akhtar Afghan and Justice Mian Gul Hassan Aurangzeb, heard dozens of similar appeals together and disagreed with earlier judgments of the Lahore High Court and the Customs Appellate Tribunal.
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 Lahore High Court later allowed conditional release upon payment of a 35% redemption fine and due duties.
The Supreme Court rejected this approach, ruling that vehicles older than the permitted age are not importable under Appendix-E of the policy. Therefore, such vehicles cannot be regularised through a redemption fine, as the law provides no such authority. The judgment also clarified that SRO 499 (2009) does not permit release of goods that fail to meet the procedural requirements of the Import Policy.
The Court stated that the age limit—not the fact that the vehicle is second-hand—is the decisive factor. It also dismissed the importers’ argument that past court orders allowed similar releases, noting that those were leave refusing orders without binding legal findings.
Concluding the ruling, the Court held that policy violations make the import prohibited, and redemption fines cannot be used to authorize release. All appeals were dismissed, and confiscation of the overaged vehicles was upheld.