Law: Customs Act, 1969

Section: 179

(a) Customs Act (IV of 1969)--Ss. 179, 180 & 168---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Adequate remedy---Petitioner, who held an import authorization permit for ammunition was issued with a show cause notice stating that he had exceeded his quota and used more than one NTN to import the ammunition---On basis of said show cause notice, his import authorization permit was withheld---Case of the petitioner was that the Customs officers had exceeded their jurisdiction and were acting contrary to the law---Validity---Remedy provided under the Customs Act, 1969 was not efficacious as the Customs Officers could not decide whether they had exceeded their jurisdiction or whether the Ministry of Commerce was the competent authority to withhold the original Import Authorization Permit---Constitutional petition was maintainable, in circumstances. PLD 2008 SC 779 and PLD 2010 SC 969 ref. (b) Customs Act (IV of 1969)--- ----Ss. 168, 180, 179 & 16---Import Policy Order, 2009 (as amended up to 15th March 2011), S.8---Constitution of Pakistan, Art.199---Constitutional petition---Import Authorization Permit---Petitioner, who held an import authorization permit for ammunition was issued with a show cause notice stating that he had exceeded his quota and used more than one National Tax Number to import the ammunition---Contention of the petitioner was that any dispute in relation to the import status of any item had to be resolved by the Ministry of Commerce as per S.8 of the Import Policy Order, 2009 and no Customs Officer had the authority to withhold the Import Authorization Permit---Validity---Ministry of Commerce as per the Import Policy Order merely prescribed the quota for the import of non-prohibited bore arms and ammunition through the Import Authorization Permit---Import per se would be regulated by the Customs Authority under the Customs Act, 1969---Mere permission by the Ministry of Commerce would not divest the Customs Authority from its jurisdiction---Section 16 of the Customs Act, 1969 envisaged the role of the Federal Government which was to prohibit or restrict the bringing into or taking out of Pakistan of any…

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