Law: Customs Act, 1969

Section: 45(2)

Law: Constitution of Pakistan, 1973

Section: 199

JUDGMENT MUHAMMAD JUNAID GHAFFAR, J.--Through instant petition, the petitioner has challenged in-action and refusal on the part of respondent No.2 whereby the request for amendment in the Import General Manifest ("IGM") in respect of change of name of consignee of the goods has been refused. 2. Brief facts as stated in the Memo. of petition are that the petitioner imported a consignment of "Polyester Fabrics" which was required to be sent to Afghanistan in Transit from Karachi. It is the case of the petitioner that they had been issued a House Bill of Lading bearing No.TGL/00822 dated 18-8-2012 by the Shipper namely Supreme (India) Impex Ltd. (Surat), India, wherein the name of petitioner i.e. Belal Mostafa Sadeqi Limited has been shown as consignee of the goods. It is further stated that the principal (owner/carrier of Vessel) of respondent No.3 (local shipping agent) issued Master Bill of Lading of the said goods in the name of Freight Forwarder of the consignment namely Messrs Ace Pakistan (Pvt.) Ltd., Karachi. When the cargo arrived at Karachi, respondent No.3 filed I.G.M. of the Vessel wherein the name of the consignee was shown as Messrs Ace Pakistan (Pvt.) Ltd., Karachi, instead of the petitioner. Thereafter, the respondent No.3 furnished an amendment request dated 27-82012, whereby, respondent No.2 was informed that due to late intimation by the Freight Forwarder, the manifest of the Vessel has been prepared on the basis of Master Bill of Lading, whereas, the same was required to be filed on the basis of House Bill of lading, showing 'the petitioner as consignee of the goods, instead of the Freight Forwarder. Such request of respondent No.3 has neither been accepted nor refused by the respondent No.2, which has compelled the petitioner to file the instant petition, as the goods are still lying at the Port for want of amendment in the manifest of the Vessel. 3. Learned counsel for the petitioner has contended that in view of the provisions of section 45(2) of the Customs Act, 1969, the request made on behalf of respondent No.3, for carrying out the amendment in the manifest was required to be allowed, as the mistake 'is a genuine mistake, therefore,…

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