The Islamabad High Court (IHC) has declared the Excise Department’s confiscation of a schoolteacher’s car illegal, sharply criticising the department for abusing its authority and neglecting legal procedures. Justice Sarfraz Ejaz Ishaq Khan, in a detailed judgment issued on July 11, ruled that the department violated mandatory rules while seizing and using the vehicle for nearly two years.
The case involved Marya Fiaz, a schoolteacher who legally purchased a 1990 model car with proper documentation, including a registration book showing nine previous lawful owners. After submitting transfer papers in January 2020, her husband was called back by the Excise office the same day, and the car was taken in for a forensic test without her knowledge or consent.
Despite no clear evidence of wrongdoing, the department issued a confiscation order in March 2020. The vehicle was then used by department officials for official tasks while Marya was left without transport. The court found that Excise ignored Rule 5 of the Islamabad Seizure and Disposal Rules, which requires verification of ownership before any confiscation action.
Furthermore, the court dismissed the department’s claim of chassis tampering, noting that even forensic experts couldn’t determine when or by whom the vehicle was altered. Importantly, there was no link to any stolen vehicle, and the court found Marya innocent of any unlawful activity.
Justice Khan strongly condemned the department for punishing a bona fide buyer due to its own failure to verify documents during past registrations. He ruled that confiscation was only justified if the car was unfit for use, which was not the case here. The judgment also ordered legal costs to be recovered by the petitioner.
In conclusion, the IHC stressed that government departments must act responsibly and humanely, especially in cases involving ordinary citizens. The court urged authorities to uphold rule-based protections and prevent innocent people from suffering due to administrative negligence.