Case Details

Citation(s)
2004 SLG 2751 2004 SLD 2751 2004 PLD 389
Sindh High Court

SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
Aziz A. Shaikh for Petitioner. Raja Muhammad Iqbal for
Respondents.

HILTON PHARMA (PVT) LTD.

VS

COLLECTOR OF CUSTOMS (APPG) through Assistant Collector, Customs, Karachi and 3 others

Law:

Section:

Precedent--- ---- Earlier of High Court challenged before High Court--­Validity---So long as impugned was not set aside or modified, such and observations made therein would be applicable to a petition/case involving similar issues and disputes. ORDER In this Constitutional petition, the petitioner has sought the following reliefs:-- (a) declare that refusal to grant exemption backed by Government Notification is violative of fundamental rights of the petitioner guaranteed under Arts. 4, 18 & 23 of the Constitution of Pakistan 1973; (b) declare that the regulatory duty is nothing but a custom duty levied vide S.R.O. 1050(I)/95, dated 29-10-1995 hence not sustainable in law during the operation of exemption already available to the petitioner under S.R.O. 349(I)/85, dated 15-4-1985; (c) declare that regulatory duty cannot be levied on goods already exempted unless the said exemption is specifically withdrawn; (d) direct the respondent (1, 2 and 3) to refund the regulatory duty amounting to Rs.2,523,935 collected without authority of law and jurisdiction; (e) grant cost of petition; (f) grant any other relief/reliefs as deemed appropriate in the circumstances of this case. Messrs Sajjad Ali Shah, learned Standing Counsel and Mr. Raja Muhammad Iqbal, learned Advocate for the respondents made a statement that the issues involved in this Constitutional petition have been decided by this Court in a large number of petitions being Constitutional petitions Nos.D-519, 535, 793, 794, 795, 797, 856 and 952 of 1997 and requested that this Constitutional Petition may also be dismissed in view of the observations made…
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