Law:

Section:

Import Policy, 2013--- ----Cl. 2(1)---"New vehicle"---Connotation---Registered vehicle---Petitioner imported 2016 model car from Japan which was already registered there and was driven only 75 kilometers---Authorities declined to allow import of car in question allegedly for the reason that import of registered car did not fall within the meaning of 'new vehicle'---Validity---Held, it was a must for bringing vehicle within the purview of Cl.2(1) of Import Policy, 2013, that vehicle had to have manufacturing date of past twelve months preceding date of importation into Pakistan---Such vehicle was not to be (a) registered in country of export, or (b) not used in country of export, prior to its importation in Pakistan---Mere proof of registration of vehicle prior to its importation in foreign country alone or alternatively its prior use was not conclusive to remove vehicle from importability as 'new vehicle' under Cl.2(1) of Import Policy, 2013---Vehicle in question was manufactured within 12 months from the date of import, though had been registered in country of export (Japan) but being unused and legitimately showing only 75 kilometers on its speedometer, qualified definition of a 'new vehicle' set in Cl.2(1) of Import Policy, 2013---High Court directed the authorities to treat vehicle in question as 'new vehicle'---Constitutional petition was allowed in circumstances. Shazeb Pharmaceutical Industries Ltd. v. Federation of Pakistan 2006 PTD 2237 ref. THIS ORDER PASSED BY: ZULFIQAR AHMAD KHAN, JUSTICE:---.---- The grievance of the Petitioner finds its roots from the alleged misinterpretation of sub-clause 2(l) of the Import Policy Order, 2013 (the Import Policy), where definition of "new vehicles" is provided for. Brief facts of the case are that the Petitioner imported a Honda Vezel, Model 2016 Car from Japan and filed all the relevant documents including Bill of Lading, Proforma Invoice, Commercial Invoice together with Goods Declaration (GD) under the Customs Act, 1969. Upon examination, an appropriate report was issued, which is annexed on page 63 of the petition, which described that the car has completed 72 Kilometers before it was exported from Japan.…

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