Lahore High Court Orders Return of Confiscated Gold and Dollars
The Lahore High Court has ruled in favor of a citizen whose gold and dollars were confiscated 22 years ago by customs authorities at Lahore Airport. The two-member bench, led by Justice Malik Javed Iqbal Wains and Justice Khalid Ishaq, issued the detailed nine-page judgment.
Customs officials had detained the individual in 2004 for allegedly attempting to smuggle three kilograms of gold and $10,000 abroad, subsequently confiscating both items. Despite the citizen’s acquittal, the seized property remained unreturned, prompting a petition.
The court emphasized that altering the form of confiscated property does not extinguish ownership rights, stating that the state acts only as a custodian. Under Article 24 of the Constitution, citizens are guaranteed protection of their property and cannot be deprived of it without due legal process.
The bench declared an earlier customs decision to refund Rs5.8 million unlawful, noting that authorities failed to provide evidence of any lawful auction for the gold. The court stated that determining monetary value alone cannot substitute for returning the actual property.
A fine of Rs100,000 was imposed on the petitioner and customs officials were ordered to return the gold bar made from melted-down gold. Additionally, the citizen must receive $10,000 or its equivalent in Pakistani rupees at the prevailing exchange rate.