Bhambra v. Director General of Customs and Others – sllr 2002 volume 3 page 401

In Bhambra v. Director General of Customs and Others, the court addressed the maintainability of a writ application challenging a forfeiture order under the Customs Ordinance. It was held that a forfeiture order issued pursuant to section 107A(1) of the Customs Ordinance is mandatory and not subject to judicial discretion or writ intervention, as the statute deems forfeiture to occur automatically upon the fulfilment of certain conditions. The findings established that the existence of an express statutory alternative remedy—namely, an action for damages under section 154—and the petitioner’s failure to pursue this remedy further barred judicial review. Additionally, the non-joinder of the officer who effected the forfeiture order was deemed fatal to the application. The decision reaffirme