| Case ID |
0bd45a8e-ba26-4321-993a-eac2df75dbc9 |
| Body |
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| Case Number |
D-4471 of 2014 |
| Decision Date |
Dec 23, 2014 |
| Hearing Date |
Dec 23, 2014 |
| Decision |
The Sindh High Court, in its judgment, found that the suspension of the petitioner's license as a Bonded Carrier and Clearing Agent was unjustified. The court emphasized that the Licensing Authority failed to issue a proper Show-Cause Notice before taking such a drastic action. The court noted that merely registering an FIR against the petitioner could not justify the immediate suspension of the license. The petitioner had not been given a fair opportunity to be heard, which violates the principles of natural justice. Consequently, the court set aside the impugned Circular dated 29-8-2014, allowing the petitioner to resume operations while clarifying that the respondents could still issue a proper Show-Cause Notice if necessary. |
| Summary |
In the case D-4471 of 2014, the Sindh High Court addressed the suspension of a business license under the Customs Act and Customs Agents Licensing Rules. The petitioner, Messrs Docks Private Limited, had its license suspended based on an FIR that alleged the replacement of high-value goods with lesser value items. The court ruled that the Licensing Authority did not follow proper procedures, including failing to provide a Show-Cause Notice before suspension. This decision highlights the importance of adhering to the principles of natural justice in administrative actions. The ruling reinforces that mere registration of an FIR does not warrant immediate punitive action against business operators, emphasizing the need for proper legal procedures to protect business rights. The outcome serves as a precedent for similar cases, ensuring that licensees receive fair treatment in compliance with legal standards. Keywords: Customs Act, License Suspension, Natural Justice, Administrative Law, Business Rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Customs Authorities,
Director General Intelligence and Investigation, FBR, Lahore
|
| Judges |
AQEEL AHMED ABBASI,
MUHAMMAD JUNAID GHAFFAR
|
| Lawyers |
Dilawar Hussain,
Muhammad Sarfaraz Ali Metlo,
Kashif Nazeer,
Muhammad Ilyas Ahsan
|
| Petitioners |
Messrs DOCKS PRIVATE LIMITED through Authorize Manager
|
| Respondents |
FEDERATION OF PAKISTAN through Chairman and 3 others
|
| Citations |
2015 SLD 1816,
2015 PTD 948
|
| Other Citations |
2014 PTD 661
|
| Laws Involved |
Customs Act, 1969,
Customs Agents Licensing Rules, 2001,
Constitution of Pakistan, 1973
|
| Sections |
29(s),
16,
18,
32,
32A,
79,
121,
156,
102(4),
340,
199
|