Case Details

Citation(s)
2021 SLG 2057 2021 SLD 2057 2021 PLJ 471
Lahore High Court
I.C.A. No. 47541 of 2020, decided on 1.10.2020, Date of hearing: 1.10.2020.
CH. MUHAMMAD IQBAL, JUSTICE, SHAHID WAHEED, JUSTICE.
Ch. Muhammad Zafar Iqbal, Advocate for Petitioner.

MUHAMMAD MOHSIN RAFIQ ETC

VS

M/S. SIDDIQUI & CO.

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Constitution of Pakistan, 1973

Section: 204

Law Reforms Ordinance, 1972 (XII of 1972)-- ----S. 3--Constitution of Pakistan, 1973, Art. 204--Seization of imported vehicles--Appeal--Allowed--Direction to releasing of imported vehicles after receipt of duty and taxes--Filling of tax reference--Writ petition during pendency of tax reference--Accepted--Direction to comply with orders of customs appellate tribunal--Review application--Dismissed--Contempt petition--Opportunity to appellants to comply with order--Obligation of appellant--Maintainability--Principle of approbate and reprobate--Challenge to--After having exhausted selected remedy of review, order passed in main writ petition attained status of finality and appellants are placed under obligation to comply with said order filed contempt petition in which Single Judge-in-Chamber before initiation of regular proceedings for contempt, allowed a week’s time to appellants to comply with order passed in main writ petition, otherwise, proceedings for contempt shall be initiated--Order passed in main writ petition is s still in field and same has attained status of finality as it has not been got reversed from any competent forum and therefore, its compliance in true letter and spirit has to be effected--Single Judge-in-Chamber on preliminary hearing and before initiation of legal proceedings in contempt provided an opportunity to appellants to comply with order dated 15.07.2020--impugned order is mere a procedural innocuous order in nature which does not inflict any sort of punishment upon appellants--Order which does not inflict any penalty or punishment to contemnor is not appealable, as such, Intra Court Appeal against procedural orders is not maintainable--Counsel for appellants, while advancing arguments, submitted that appellants are ready to comply with order dated 15.07.2020, passed by Single Judge-in-Chamber but due to non-furnishing of required documents by respondent, matter is being delayed--This plea of appellants stand negated on principle of approbate and reprobate as on one hand appellants have filed reference before departmental forum, desisted constitutional petition of respondent, filed Review Application, contempt petition and also have…
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