| Case ID |
e2c4f6d5-2e2a-42c6-9d33-4aa65616d85f |
| Body |
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| Case Number |
Const. Petition No. D-4385 of 2014 |
| Decision Date |
Sep 05, 2014 |
| Hearing Date |
|
| Decision |
The court ruled in favor of the petitioner, directing that the detention notice against the Motor Gasoline (Pyrolysis Gasoline) imported by the petitioner be withdrawn. The customs department agreed to process the necessary documentation without harassment or undue hindrance. It was confirmed that the benzene content in the gasoline was below the permissible limit of 5%, satisfying the legal requirements for its release. The court emphasized the need for compliance with its order in a timely manner and directed the return of a previously deposited cheque to the petitioner after proper verification. |
| Summary |
In the case of HASCOL PETROLEUM LIMITED vs. FEDERATION OF PAKISTAN, the Sindh High Court addressed the grievances of the petitioner concerning the unlawful detention of its imported goods by Customs Authorities. The petitioner claimed that the detention was based on allegations of importing Pyrolysis Gasoline instead of Motor Gasoline, which was unfounded. The court examined the legal framework under the Customs Act, 1969, and the Oil and Gas Regulatory Authority Ordinance, 2002, particularly focusing on sections regarding the seizure of goods and the rights of importers. The judges highlighted the requirement for lawful procedures to be followed in such cases and recognized the need to avoid harassment of the petitioner during the processing of documentation. With an emphasis on the legal rights of the parties involved and the necessity for adherence to procedural norms, the court ruled to dispose of the petition favorably for the petitioner. This case underscores the importance of compliance with legal standards in customs operations, the protection of importers' rights, and the need for transparent processes in regulatory actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AQEEL AHMED ABBASI,
MUHAMMAD JUNAID GHAFFAR
|
| Lawyers |
Omair Nisar,
Kashif Nazeer,
Dilawar Hussain
|
| Petitioners |
HASCOL PETROLEUM LIMITED
|
| Respondents |
ANOTHER,
FEDERATION OF PAKISTAN
|
| Citations |
2014 SLD 2044,
(2014) 110 TAX 371,
2015 PTD 877,
2015 PTCL 802
|
| Other Citations |
Mst. Ummatullah v. Province of Sindh PLD 2010 Karachi 236,
Government of Sindh v. Messrs Khan Ginners (Private) Limited PLD 2011 Supreme Court 347,
Trustees of the Port of Karachi v. Messrs N.K. Enterprises PLD 2013 Sindh 264,
Salahuddin Dharaj v. Province of Sindh PLD 2013 Sindh 236,
Tehsil Municipal Administration and others v. Noman Azam and others 2009 SCMR 1070,
Collector of Customs and others v. S.M. Young reported as 1973 SCMR 411
|
| Laws Involved |
Customs Act, 1969,
Oil and Gas Regulatory Authority Ordinance, 2002
|
| Sections |
79,
168,
169,
21(c)
|