2005 PLP 2422 (PTD)
Messrs AMMAR ENTERPRISES KARACHI through Partner Versus COLLECTOR OF CUSTOMS (EXPORTS), KARACHI and 5 others
| Citation | 2005 PLP 2422 (PTD) |
| Forum / Court | Karachi High Court |
| Bench Members | Muhammad Mujeebullah Siddiqui and Khilji Arif Hussain, JJ |
| Parties | Messrs AMMAR ENTERPRISES KARACHI through Partner Versus COLLECTOR OF CUSTOMS (EXPORTS), KARACHI and 5 others |
| Primary Law | Customs Act (IV of 1969) |
Q1: What are the key laws and sections cited in 2005 PLP 2422 (PTD)?
This judgment primarily cites: Customs Act (IV of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 2422 (PTD)?
The case was heard and decided by the Karachi High Court bench comprising: Muhammad Mujeebullah Siddiqui and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2422 (PTD) (Messrs AMMAR ENTERPRISES KARACHI through Partner Versus COLLECTOR OF CUSTOMS (EXPORTS), KARACHI and 5 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arif Moton for Petitioner.
- Raja M. Iqbal for Respondents Nos. 1 and 4.
Headnotes / Summary
S. 181
Constitution of Pakistan (1973), Art. 199 --Constitutional petition
Matter agitated in the Constitutional petition was the subject-matter of appeal at the instance of Collector of Customs (Exports) and was pending before Collector of Customs (Appeal)
Question was as to how, the issues involved could be decided by the High Court in exercise of its Constitutional jurisdiction under Art. 199 of the Constitution when the matter was pending before the Collector of Customs (Appeals)
Contentions of the petitioner were that it had to fulfil its commitment which was going to expire on 31-8-2005, therefore, Collector of Customs (Appeals) be directed to dispose of the appeal within 15 days and in the meanwhile the Collector of' Customs (Exports) and Assistant Collector of Customs (Export Examination) may be directed to release the goods to fulfil his contractual obligation; that State revenue. was fully secured, as the post-dated cheque had been issued in favour of the Collector of Customs and indemnity bond had also been executed and that petitioner would deposit sum representing 15 % fine imposed by the Deputy Collector (Adjudication) on the assessed value within three days
High Court, in circumstances, disposed of Constitutional petition along with the listed applications with the direction to the Collector of Customs (Appeals) to decide the appeal within 15 days from the date of High Court judgment, after hearing both the parties and the concerned Authorities were also directed to release the detained goods to the petitioner, in the meanwhile subject to deposit of fine calculated at 15% of the assessed value within three days.
Judgment & Decree
The matter agitated in this petition is the subject-matter of appeal at the instance of Respondent No. 1 and is pending before the Respondent No.2. At the time of filing appeal, the post of Collector of Customs (Appeal-II) Karachi, was lying vacant. We have been informed that now the officer has taken over the charge. The issue under controversy stands decided in-favour of the petitioner by the Adjudicating Officer, vide order-in-original, dated 15-5-2005. We have asked the learned counsel for the petitioner to show as to how, the issues involved can be decided by this Court in exercise of writ jurisdiction under Article 199 of the Constitution, when the matter is pending before Respondent No.2. He has conceded that in the first instance the matter be decided by the Respondent No.2. He has submitted that the petitioner has to fulfil its commitment which is going to expire on 31-8-2005, therefore, respondent No.2, be directed to dispose of the appeal within 15 days and in the meanwhile the respondent Nos. 1 and 4, may be directed to release the goods enabling the petitioner to fulfil his contractual obligation. The learned counsel for the petitioner stated that the State revenue is fully secured, as the post-dated cheque has been issued in favour of the Collector of Customs and indemnity bond has also been executed. Thus, if the matter is ultimately decided against the petitioner, the Customs Department can encash the cheque. Mr. Raja M. Iqbal, has opposed the second prayer and has further stated that the fine imposed by the Deputy Collector Adjudication at 15 % of the value of the goods in lieu of confiscation under section 181 of the Customs Act, has not been paid. Mr. Arif Moton, learned counsel for the petitioner has undertaken to deposit sum representing 15% fine imposed by the Deputy Collector Adjudication, on the assessed value of Rs.9133,461 within three days. The petition is disposed of along with listed application with the direction to the Respondent No.2, to decide the appeal within 15 days from today, after hearing both the parties. In the meanwhile the Respondents Nos. 1 and 4 are directed to release the detained goods to the petitioner, subject to deposit of fine calculated at 15% of the assessed value of Rs.9,33,461 within three days. M.B.A./A-226/L Order accordingly.