Law: Customs Act, 1969

Section: 13(4)

Law: Customs Agents (Licensing) Rules, 1971

Section: 21

Law: Constitution of Pakistan, 1973

Section: 199

Law: Customs Rules, 2001

Section: 102(4),599,638,639,641

Customs Act (IV of 1969)--- ----S.13(4)---Customs Agents (Licensing) Rules, 1971, R.21---Customs Rules, 2001, Rr. 102(4), 599, 638, 639 & 641---Constitution of Pakistan, Art. 199---Constitutional petition---Afghan-Pakistan Transit Trade---User ID, blocking of by customs authorities---Petitioner company was holding license to act as customs bonded carrier/transport operator for Afghan Transit Trade---Grievance of petitioner was that customs authorities had blocked its user ID resulting in suspending its business---Validity---Rules governing issuance of license to transport operators did not provide for any action of suspension of license pending any action under Customs Rules, 2001, or Customs Act, 1969, against such licensees, as were available in S. 13(4) of Customs Act, 1969, as well as in R. 21 of Customs Agents (Licensing) Rules, 1971, and R. 102(4), Chapter VIII, of Customs Rules, 2001---Despite such license of petitioner was blocked/suspended, even in Customs Act, 1969, there was no provision of blocking a person's name or registration number or it's user ID---High Court did not appreciate blocking of name or user ID of a person in computer, and observed that there was no provision under Customs Act, 1969, or Customs Rules, 2001, and department must have acted strictly in accordance with law and procedure while dealing with such sensitive issue---Authorities did not have any lawful authority to suspend/block operations of petitioner as a transport company to handle Afghan Transit Goods---High Court directed the authorities to restore license and allow petitioner to conduct its business operations as a transport operator duly registered under Rr. 638 & 639 of Customs Rules, 2001---Petition was allowed accordingly. Messrs K.G. Traders and another v. Deputy Collector of Customs and 4 others PLD 1997 Kar. 541; Japan Shipper v. Deputy Collector of Customs (Appraisement) and another 1989 CLC 74; Saman Diplomatic Duty Free Bonded Warehouse v. Central Board of Revenue and others PLD 1999 Kar. 170 and Messrs A.H. International (Pvt.) Ltd. Karachi v. Assistant Collector of Customs and 3 others 2003 PTD 2798 ref. JUDGMENT MUHAMMAD JUNAID GHAFFAR,…

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