| Case ID |
3794e193-4ad7-4398-ae8c-457da8743ea7 |
| Body |
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| Case Number |
D-5430, D-5536 of 2020, D-1196 and D-1434 of 2021 |
| Decision Date |
Mar 31, 2021 |
| Hearing Date |
Mar 31, 2021 |
| Decision |
The Sindh High Court ruled in favor of the petitioners, directing the respondents to release the vintage cars imported by the petitioners upon the payment of customs duties as specified under SRO 833(I)/2018. The court determined that the previous ruling in the case of Moin Jamal Abbasi was binding and that the Federal Government did not have the authority to restrict the import of vintage cars under the Customs Act, 1969. The court emphasized the necessity for the Ministry of Commerce to provide clear guidelines on the import regulations, particularly in relation to vintage vehicles. The judgment highlighted the distinction between the powers of the Ministry of Commerce and the Federal Government, asserting that the regulation of imports is primarily under the jurisdiction of the Ministry of Commerce. |
| Summary |
In the case concerning the importation of vintage cars, the Sindh High Court addressed the legal framework governing customs duties and import regulations in Pakistan. The court analyzed the provisions of the Customs Act, 1969, and the Imports and Exports (Control) Act, 1950, particularly focusing on the powers of the Federal Government versus those of the Ministry of Commerce. The petitioners sought the release of vintage cars that had been withheld by the customs authorities, arguing that the denial was contrary to a previous ruling by the court in Moin Jamal Abbasi's case. The court concluded that the SRO issued by the Federal Government did not carry the authority to restrict the importation of vintage vehicles, and thus, the customs authorities were directed to comply with the law and release the vehicles upon payment of the stipulated duties. This case serves as a significant precedent in clarifying the regulatory landscape for vintage car imports in Pakistan and reinforces the binding nature of prior judicial decisions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JUNAID GHAFFAR, JUSTICE,
AGHA FAISAL, JUSTICE
|
| Lawyers |
Qazi Umair Ali,
Afnan Saeed-uz-Zaman,
Mehmood-ul-Hasan,
Aijaz Ali Siyal,
Shahab Imam,
Ms. Naima
|
| Petitioners |
IMAD SAMAD AND OTHERS
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY COMMERCE, MINISTRY OF COMMERCE, ISLAMABAD AND 3 OTHERS
|
| Citations |
2022 SLD 2264,
2022 PTD 1860,
(2023) 128 TAX 422
|
| Other Citations |
2020 PTD 660,
1995 SCMR 362,
PLD 1995 SC 423,
PLD 1963 SC 296,
2019 SCMR 1021
|
| Laws Involved |
Customs Act, 1969,
Imports and Exports (Control) Act, 1950
|
| Sections |
19,
3
|