| Case ID |
d8377791-82f5-42b9-a614-84292ea9831d |
| Body |
View case body. Login to View |
| Case Number |
D-1403 to 1411 of 2006 |
| Decision Date |
Aug 30, 2006 |
| Hearing Date |
|
| Decision |
The High Court disposed of the constitutional petition with directions to the authority regarding the release of the vehicle. The court instructed that if the importer is found qualified to import the vehicle and it is not legally prohibited, the duty and taxes should be assessed within a specified time. If the import is prohibited, the importer is not entitled to release even upon payment of a fine. The court emphasized that the vehicle should be released upon payment of assessed duty, taxes, and a fine of 30%, with a provision for refund if the importer successfully contests the fine. The order aimed at mitigating the burden of demurrage and other charges faced by the petitioners due to delays caused by customs officials. |
| Summary |
In this case, the Sindh High Court dealt with the constitutional petitions filed by Bacha Said, who sought the release of vehicles imported despite customs delays. The court examined the applicable laws, specifically the Customs Act and the Constitution of Pakistan, to address the grievances regarding fines imposed on the petitioners. The ruling clarified the conditions under which vehicles could be released, emphasizing the need for compliance with the law regarding prohibited goods and the assessment of duties and taxes. The decision aimed to balance the legal requirements with the practical difficulties faced by the petitioners, ensuring their rights were safeguarded while upholding customs regulations. This case highlights the importance of timely decisions in customs matters and the procedural rights of importers, making it relevant for legal practitioners and stakeholders in international trade and customs law. |
| Court |
Sindh High Court
|
| Entities Involved |
Customs Department,
Collectorate of Customs (Appraisement), Karachi
|
| Judges |
MUHAMMAD MUJEEBULLAH SIDDIQUI,
FAISAL ARAB
|
| Lawyers |
Mr. Raja Iqbal,
Mr. Sohail Muzaffar
|
| Petitioners |
BACHA SAID through Duly Constituted Attorney
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce, Islamabad and 4 others
|
| Citations |
2007 SLD 1659,
2007 PTD 211
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act (IV of 1969),
Constitution of Pakistan (1973)
|
| Sections |
16,
17,
199
|