2006 PLP 2435 (PTD)
MUHAMMAD SHARIF Versus COLLECTOR OF CUSTOMS (APPRAISEMENT), KARACHI and another
| Citation | 2006 PLP 2435 (PTD) |
| Forum / Court | Karachi High Court |
| Bench Members | Sarmad Jalal Osmany and Sajjad Ali Shah, JJ |
| Parties | MUHAMMAD SHARIF Versus COLLECTOR OF CUSTOMS (APPRAISEMENT), KARACHI and another |
| Primary Law | Customs Act (IV of 1969) |
Q1: What are the key laws and sections cited in 2006 PLP 2435 (PTD)?
This judgment primarily cites: Customs Act (IV of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 2435 (PTD)?
The case was heard and decided by the Karachi High Court bench comprising: Sarmad Jalal Osmany and Sajjad Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2435 (PTD) (MUHAMMAD SHARIF Versus COLLECTOR OF CUSTOMS (APPRAISEMENT), KARACHI and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Mushafey Ahmed for Petitioner.
- Raja Muhammad Iqbal for Respondents along with Tariq Aziz Appraising Officer.
Headnotes / Summary
S. 82
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Failure to get the goods clear
Effect
Petitioner/importer had contended that he had no knowledge that goods had arrived at the Port and for that reason he could not clear the same due to which said goods had been auctioned by Customs Authority
Contention of petitioner had been repelled on the ground that necessary notice under S.82 of Customs Act, 1969 was duly sent to petitioner and thereafter matter was proceeded
Imported goods were legally auctioned by Customs Authorities after serving necessary notice on petitioner under S.82 of Customs Act, 1969; as petitioner had disputed receipt of said notice, it was a question of fact which could not be agitated by petitioner in constitutional jurisdiction of High Court
Petition therefore, was dismissed
Petitioner however would be free to resort to any other forum for redress of his grievance
Customs Authorities would proceed to deliver goods to Auction purchaser, accordingly.
Judgment & Decree
According to the petitioner, he had no knowledge that the goods had arrived t the Port Qasim and hence he could not clear the same due to which reason the said goods were consequently auctioned by the Customs Authority. This petition has been challenged by Mr. Raja Muhammad Iqbal. He has relied upon the comments filed by the Department according to which necessary notice under section 82 of the Customs Act was sent to the petitioner and thereafter the matter was proceeded. Now according to the learned counsel the goods have been auctioned and the auction-purchaser has paid the entire price as per the documents filed with the comments. However, the Customs Authorities have not allowed delivery of the goods since the matter is pending before this Court. The auction-purchaser is also present in Court. He says that he has made payment on 3-4-2006 and till to date he has not been given delivery. He also prays that the petition be dismissed in limine and he may be allowed to uplift the goods. We have heard the learned counsel for the parties as well as the auction-purchaser and also the petitioner in person. Upon perusal of the petition as well as the comments filed in response thereto, it appears that the petitioner was sent the necessary notice under section 82 of the Customs Act and thereafter the goods were auctioned in accordance with the law. As the petitioner has disputed the receipt of such notice, in our view, this being a question of fact cannot be agitated by him in writ jurisdiction. Consequently, we would dismiss this petition in limine. The petitioner would be free to resort to any other forum for the redress of his grievance. The Customs Authorities shall proceed to deliver the goods to the auction-purchaser immediately and refund the excess amount received by them to the petitioner viz. after deducting customs duties etc. from amounts received from the auction-purchaser. H.B.T./M-94/K Order accordingly.