| Case ID |
3948ea4e-ec74-4ea2-a0e6-6b3eb6ae7c5d |
| Body |
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| Case Number |
D-863 of 2003 |
| Decision Date |
Jul 11, 2003 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by MESSRS BULK SHIPPING & TRADING (PVT.) LTD, which sought to declare the Show-Cause Notice issued by the Collectorate of Customs as void ab initio. The court held that the notice was a preliminary step requiring the petitioners to produce evidence to contest the classification of the vessel as 'derelict'. The court emphasized that the petitioners had adequate remedies under the Customs Act and should have followed the normal procedure to address the show-cause notice. The court further clarified that a constitutional petition is not maintainable against a show-cause notice, and thus the petition was dismissed in limine. |
| Summary |
In the case of MESSRS BULK SHIPPING & TRADING (PVT.) LTD vs. COLLECTOR OF CUSTOMS AND OTHERS, the Sindh High Court addressed the legality of a Show-Cause Notice issued regarding the seizure of a vessel deemed 'derelict'. The Customs Authorities had found the vessel abandoned and issued the notice to the shipping agents for violations under the Customs Act. The petitioners argued that the vessel had not been abandoned and challenged the notice's validity. The court ruled that the petitioners had the right to contest the notice's claims and should provide evidence to support their position before the Collector. This case underscores the procedural requirements in customs law and the importance of following statutory remedies before seeking constitutional relief. Keywords: Customs Act, derelict vessel, constitutional petition, legal remedies, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Collectorate of Customs,
Bulk Shipping and Trading (Pvt.) Ltd.,
Maritime Security Agency
|
| Judges |
S. AHMED SARWANA,
ZIA PERWAZ
|
| Lawyers |
Shakeel Ahmed
|
| Petitioners |
MESSRS BULK SHIPPING & TRADING (PVT.) LTD
|
| Respondents |
COLLECTOR OF CUSTOMS AND OTHERS
|
| Citations |
2004 SLD 728,
2004 PTD 509
|
| Other Citations |
Al-Ahram Builders v. ITAT 1993 SCMR 29
|
| Laws Involved |
Customs Act, 1969,
General Clauses Act, 1897,
Constitution of Pakistan, 1973
|
| Sections |
16,
23,
156(1)(9),
168,
24-A,
199
|