| Case ID |
43c1f679-84c7-469b-92e1-5fd8bbcc73d5 |
| Body |
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| Case Number |
Writ Petition No. 4428-P of 2020 |
| Decision Date |
Oct 14, 2021 |
| Hearing Date |
Oct 14, 2021 |
| Decision |
The Peshawar High Court ruled on the petitioners' request regarding the clearance of detained vehicles, determining that the vehicles could be released upon the submission of export certificates from the exporting country. The court emphasized that if the certificates classified the vehicles as 'vans', they should be cleared subject to verification. The decision aligns with previous judgments, reinforcing the rights of importers under the Import Policy Order, 2016, and ensuring compliance with constitutional mandates. |
| Summary |
In the case of Writ Petition No. 4428-P of 2020 decided by the Peshawar High Court, the petitioners, represented by MESSRS A.Q. CUSTOMS AGENCY, challenged the detention of their imported vehicles by Customs Authorities. The court examined the legal framework under the Constitution of Pakistan and the Import Policy Order, 2016, focusing on the classification of vehicles as either 'cars' or 'vans'. The decision highlighted the necessity of export certificates for vehicle clearance and reaffirmed the importance of adhering to the law and natural justice. This case contributes significantly to the discourse on vehicle importation regulations in Pakistan and the rights of importers, particularly in light of previous relevant case law. The ruling serves as a precedent for similar disputes in the future, emphasizing the legal protections available to importers against arbitrary actions by regulatory authorities. |
| Court |
Peshawar High Court
|
| Entities Involved |
Customs Authorities,
Engineering Development Board
|
| Judges |
JAN KHATTAK, JUSTICE,
MUSARRAT HILALI, JUSTICE
|
| Lawyers |
Qazi Babar Irshad, D.A.G. for Respondent No. 1,
Gul Hussain Khilji for Respondents Nos. 2 and 3
|
| Petitioners |
MESSRS A.Q. CUSTOMS AGENCY THROUGH PROPRIETOR AND OTHERS
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY REVENUE DIVISION/CHAIRMAN FBR, ISLAMABAD AND 6 OTHERS
|
| Citations |
2022 SLD 533,
2022 PTD 406,
2022 PTCL 498
|
| Other Citations |
Ikram Ullah and others v. Federation of Pakistan (Writ Petition No.3353 of 2018),
Civil Petitions Nos.343-K, 344-K and 345-K of 2019
|
| Laws Involved |
Constitution of Pakistan, 1973,
Import Policy Order, 2016
|
| Sections |
199,
Appendix-E, para.3(1)
|