Legal Case Summary

Case Details
Case ID 106e37f6-1ce7-4421-a727-74d503ccf0a9
Body View case body.
Case Number D-699 of 2023
Decision Date Feb 02, 2023
Hearing Date
Decision The Sindh High Court dismissed the petition filed by Messrs Jamal Seamless Pipe (PVT.) LTD. seeking provisional release of imported consignments under Section 81 of the Customs Act, 1969. The Court found that the mere pendency of a representation for exemption from regulatory duty could not justify the provisional release of consignments. The Court emphasized that ad-interim relief can only be granted in exceptional circumstances where a prima facie case is established. The request for provisional release was deemed misconceived, leading to the dismissal of the petition in limine.
Summary In the case of Messrs Jamal Seamless Pipe (PVT.) LTD. vs. Federation of Pakistan, the Sindh High Court addressed critical issues concerning the Customs Act, 1969 and the Constitution of Pakistan. The petitioner sought relief for the provisional release of imported goods pending a decision on a representation for exemption from regulatory duty. The Court ruled that simply having a representation pending does not provide sufficient grounds for provisional release. It reiterated the need for a clear prima facie case to grant such interim relief. This decision highlights the stringent standards required for obtaining ad-interim orders in constitutional petitions, particularly in customs matters. The ruling emphasizes the need for parties to substantiate their claims adequately to avoid frivolous litigation. The Court's decision serves as a guide for future cases involving customs regulations and the exercise of constitutional jurisdiction.
Court Sindh High Court
Entities Involved
Judges MUHAMMAD JUNAID GHAFFAR, AGHA FAISAL
Lawyers Muhammad Adeel Awan
Petitioners Messrs JAMAL SEAMLESS PIPE (PVT.) LTD.
Respondents FEDERATION OF PAKISTAN through Secretary (Revenue Division) and 4 others
Citations 2023 PLD 938, 2023 SLD 1864
Other Citations Not available
Laws Involved Customs Act, 1969, Constitution of Pakistan, 1973
Sections 81, 199