Karachi Port Trust Manual

Import of goods by Afghan national was ordered to be detained and then seized by Customs Authorities of Pakistan on the ground of non-production of Letter of Credit by the importer

Validity

Transit Agreement and Annexure thereto. did not require tlfe\production of Letter of Credit for clearance of transit goods by the Customs Authorities but the only documents required to be produced at-the time of arrival -of goods was the invoice

Afghanistan being a land-locked country, goods imported by Afghan Nationals from other countries for use or consumption in Afghanistan could not be said to have been imported into Pakistan merely because goods crossed the customs barrier and entered into Pakistan, though to be transited to their designation viz. Afghanistan

Said goods, in fact, are goods in transit to be dealt with and transhiped to Afghanistan in accordance with the Pakistan Afghanistan Transit Trade Agreement, 1965 and Protocol appended thereto

Customs law relating to the importation of goods would not, therefore, be applicable to such goods

Alleged smuggling of the goods into Pakistan could not furnish any valid interpretation to the Authorities to unilaterally take away the facility of transit or to impose any restriction on the duty free import itself which was guaranteed by the Afghan Transit Trade Agreement

Goods having been illegally and wrongfully detained and not allowed to be transited to Afghanistan, direction by High Court to Collector of Customs to issue delay/detention certificate was quite just and fair

Central Board of Revenue and/or the Collector of Customs thus could not ban/disallow import of goods by Afghan nationals under the Afghan Transit Trade Agreement, 1965 during the subsistence of the said Agreement.

Paras. 1.3 & 1.4 read with Industrial Relations Ordinance (XXIII of 1969). Ss. 2 (xxviii) & 25-A-Railway employee-Permanent Way Inspector-Performing supervisory duties and basic pay more than Rs. 800 p. m. Covered by, Exception (b) of S. 2 (xxviii) of Industrial Relations Ordinance, 1969-Not a workman Not within jurisdiction of Labour Court.

"Lay days" for determining demurrage commence from time ship arrives at outer anchorage and not from time she gets berthed-Charter-party merely naming port without anything further-Vessel deemed' "arrived ship" on mere entrance at outer anchorage-Charter-party containing clause "time lost in waiting for berth to count as loading time"-Clause, a special term Persons other than those parties to charter-party-Cannot be made liable unless bound by independent contract containing clear term that party was so bound-Ship at Karachi Port-Cannot be loaded or unloaded except at the berth-Karachi Port Trust Manual, Rule 12.