| Case ID |
1466d792-a02e-4ecb-b983-4f6828666f42 |
| Body |
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| Case Number |
Writ Petition No. 56384 of 2020 |
| Decision Date |
Nov 09, 2020 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by M.D Steel Furnace on the grounds that the petitioner had an alternate remedy available under Section 193 of the Customs Act, 1969. The court emphasized that the jurisdiction under Article 199 of the Constitution could not be invoked when an alternate efficacious remedy is available. The petitioner had not availed the remedy of appeal before the Collector (Appeals) and instead opted for the constitutional petition, which was deemed not maintainable. The court referred to previous judgments to affirm that the availability of an appeal precluded the exercise of constitutional jurisdiction, leading to the dismissal of the petition. |
| Summary |
This case involves a constitutional petition filed by M.D Steel Furnace against the Federation of Pakistan concerning the release of goods after payment of customs duties. The petitioner contended that despite adhering to the customs duty calculations, their goods were not released. The Lahore High Court, presided over by Justice Jawad Hassan, ruled that the petitioner had a specific remedy under Section 193 of the Customs Act, 1969, by appealing to the Collector (Appeals). The court found that since an alternate remedy existed, the constitutional petition was not maintainable and dismissed it. This case highlights the importance of exhausting available legal remedies before seeking constitutional relief, reinforcing the principle that courts should not interfere when a statutory remedy is accessible. Keywords: constitutional petition, customs act, Lahore High Court, legal remedies, judicial review. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAWAD HASSAN
|
| Lawyers |
Abdul Khaliq Safrani,
Ali Asad Gondal
|
| Petitioners |
M.D STEEL FURNACE
|
| Respondents |
FEDERATION OF PAKISTAN AND OTHERS
|
| Citations |
2021 SLD 205,
2021 PTD 181
|
| Other Citations |
Indus Trading and Contracting Company v. Collector of Customs (Preventive) Karachi and others 2016 SCMR 842,
DR. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813,
Muhammad Abbasi v. S.H.O. Bhara Kahu and 7 others PLD 2010 SC 969
|
| Laws Involved |
Customs Act, 1969,
Constitution of Pakistan, 1973
|
| Sections |
193,
199
|