Law:

Section:

Imports and Exports (Control) Act (XXXIX of 1950)--- ----S.3---Import Policy Order, 2022, Paras 4 &6 (3)---Notifications SRO 151(I)/2004, dated 10-03-2004 and SRO No.1397(I)/2023 dated 3-10-2023---Afghan Transit Trade--- Import Policy, 2022---Notification---Retrospective effect--- Petitioner sought clearance of his consignments under Afghan Transit Trade on the plea that goods were imported prior to issuance of notification SRO No.1397(I)/2023 dated 3-10-2023---Validity---Transit Agreement of 1965 was replaced with the 2010 Agreement---Provision of notification SRO 151(I)/2004 dated 10-03-2004 still refers to Art. X of the Agreement (without specifying the year)---In the new Agreement of 2010 Art. X relates to and deals with Licensing of Transport Operators---This appeared to be a mistake on the part of Ministry of Commerce, that since year 2010, the notification SRO 151(I)/2004 dated 10-03-2004 was not amended accordingly---Even when notification SRO 1397(I)/2023 dated 03-10-2023 was issued, they again failed to take care of it and the same mistake still continued---Not withstanding that the Ministry of Commerce, Federal Government may have powers in terms of S.3(1) of the Import and Export Control Act, 1950, a ban could not be imposed unilaterally on the goods which had already been shipped and for which Bills of Lading were already issued---Such action by authorities was too harsh and also against the settled principle of protection to vested rights besides being impractical---Principle of vested right as enunciated by the Courts of law was applicable to the goods in dispute and the same were to be governed by the policy as in vogue prior to the issuance of SRO 1397(I)/2023 dated 03-10-2023---Constitutional petition was allowed accordingly. Muhammad Amer Saeed v. Model Customs Collectorate of Customs 2016 PTD 2910; Haji Abdul Raziq Khan v. Federation of Pakistan 2014 SCMR 1821; Pakistan v. Aryan Petro Chemical Industries (Pvt) Ltd. 2003 SCMR 370; Messrs Baig Enterprises and Engineering v. Federation of Pakistan 2015 PTD 181; Mir Jeeand Badini v. Model Collectorate of Customs Appraisement 2020 PTD 213; Imad Samad v. Federation of Pakistan 2022 PTD 1860;…

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