| Case ID |
106e37f6-1ce7-4421-a727-74d503ccf0a9 |
| Body |
View case body. Login to View |
| 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
|