Law: Karachi Port Trust Act, 1886

Section: 43-B

  Karachi Port Trust Act (VI of 1886)--- ----Ss. 43 & 43-B---Storage charges---Levy of---Where customs detention certificate was issued for whole or part of. a consignment, storage charges would be levied, but at rates lower than those which would otherwise be applicable in normal cases. Customs Act (IV of 1969)--- ----S. 182---Confiscation of imported goods---Release of---Storage charges-- Liability to pay---Imported goods on arrival at Karachi Port were confiscated under orders of Customs Authorities---Such goods remained under confiscation for a long time until they were released under order passed by Collector of Customs in appeal---Goods imported by importers having remained under confiscation without any fault on part of importers, Government should be liable for payment of storage charges to Karachi Port Trust during period goods remained under confiscation and importers should not be burdened with that additional amount of tax. Asar Hussain for Petitioner. Zaheeruddin Khan and Muhammad Jamil for Respondents. Date of hearing: 1st September, 1992. JUDGMENT MAMOON KAZI, J.---By this common judgment we propose to dispose of C.P. No. D-1057/89 and D-600/91, as common questions of law and facts are involved therein. The petitioners have imported consignments of scrap number respectively. However, on physical examination the Customs Authorities declined to release the goods on the ground that the goods which had been imported were capable of being used as tyres   and therefore, their import was not permissible under para. 5(1)(i) of the relevant Import Policy. Thereafter, a show-cause. notice was given to each of the petitioners and the matter was dealt with by the relevant authorities and the goods were ordered to be confiscated. The petitioners moved the Wafaqi Mohtasib-e-Aala in the meanwhile, but without any success. However, finally when the matter went before the Collector of Customs in pursuance of the order passed by the Wafaqi Mohtasib-e-Aala, the goods were ordered to be restored to the petitioners in appeal. However, the petitioners thereafter found themselves in a big dilemma as the goods were declined to be released to them unless…