PESHAWAR: Peshawar High Court Chief Justice Mohammad Ibrahim Khan on Wednesday issued a show cause notice to a former director-general of the excise and taxation department seeking his explanation for the illegal use of a confiscated car by his family.

The single-member bench took exception to the matter when it was informed that a “disputed” vehicle was in the possession of former DG (excise) and current commissioner of Dera Ismail Khan division Zafarul Islam and his family had taken it to Rawalpindi.

On Aug 29, another bench issued directives to the government to park that vehicle on the premises of the Peshawar Sessions Court.

However, the said order was not complied with.

When the bench took up for hearing a petition filed by the owner of the vehicle seeking to set aside its confiscation order, he declared that before the petition was decided on merit, it would be wise to park the vehicle on the premises of the sessions court.

Orders parking of vehicle on premises of sessions court

It directed additional advocate general Hasnain Tariq and sub-inspector (warehouse) of the excise and taxation Asif Mirdad to ensure that the car be parked on the premises of the sessions court by 2pm on Wednesday.

However, they informed the bench that the vehicle was in the possession of the former DG and his family had taken it to Rawalpindi. They added that the family was returning to Peshawar but won’t reach there before 2pm.

“The utter non-compliance and willful disobedience of the short order dated 29.8.2023, amounts to grave misconduct by the said officer which otherwise is a contempt of court,” the bench observed.

It added that being a public servant, that officer might also be liable to committing criminal breach of trust in respect of misuse of this vehicle being dominion over it even since relinquished charge of the post of the provincial DG (excise and taxation).

The bench directed the officer to submit his reply to the petition by Oct 4.

It ordered the dispatch of a copy of that order to the officer for compliance and to the provincial chief secretary for information.

The bench was hearing a petition filed by citizen Dr Abdul Ghani, who claimed that he was the owner of that vehicle.

His counsel, Gul Nazir Azam, said the family of his client was going to a hilly area in the car on Nov 9, 2021, when it was stopped by some officials of the excise department near Sher Garh, Mardan.

He said heated exchanges took place between officials and the family members of the petitioner after which the former impounded the vehicle on the pretext of conducting chemical tests on it.

The lawyer said without serving any notice on him, the excise and taxation officer-I of Peshawar ordered the confiscation of the vehicle on Jan 7, 2022.

He said that the petitioner had submitted an application to the excise director for the release of his vehicle but it was turned down on Nov 10, 2022.

The counsel added that his client submitted an appeal to the director-general but it, too, was turned down on Jan 24, 2023, while his appeal was rejected by the excise secretary on July 25, 2023.

He added that the original registration certificate of the car was sent to the Motor Registration Authority of Lahore for verification, which confirmed its authenticity of the ownership.

Published in Dawn, September 28th, 2023