Law:

Section:

The petitioners assail through this petition the order dated 3rd April, 1983 passed by the Government of Pakistan (respondent No. 1) by which their application for permission to import 107 units of Isuzu truck/chassis under Gift Scheme was rejected as the same were not of the latest/current Model, as provided in the Press note dated 20th of March, 1983. They further pray that the respondents be directed to reimburse their expenses incurred on the late clearance of other truck chassis due to their illegal orders.   Briefly, the facts leading to this case are that one Syed Parvez Amjad, a Pakistan national carrying on business in Doha U.A.E., obtained a certificate of foreign exchange earnings from the Consulate General of Pakistan, Dubai, U.A.E., far a sum of U.S. $ 7,02,225 on 13th September, 1982. Under the then prevalent Gift Scheme he decided to. import com mercial and light commercial vehicles and gifted the same to the petitioner No. 1. He also authorised him to obtain import permits and to do all other acts to get the vehicles cleared from Customs authorities.   Earlier, on 10th August, 1982 the petitioner No. 2 had booked 2 lots of 126 truck chassis against and advance cash payment of yens 6,217,500 being the 5%, of the total price. On 1st October, 1982 the petitioner No. 1 applied to the respondent No. 2 for grant of an import permit for those 126 trucks which were unused but less than 2 years old. Alongwith the application. he supplied a certificate of the maker, attested by the Chamber of Commerce, Japan and authenticated by the Pakistan Mission, to prove the year of manufacture.   3-A. The Government of Pakistan vide an office memo dated 30th October, 1982 allowed import of 19 vehicles against the certificate of the maker in the absence of registration documents. As regards the remaining 107 vehicles it was directed that the petitioners will make shipment after the authenticity of its import is cleared by the CCIE. Consequently, the Chief Controller of Import and Export issued an import licence dated 4th of November, 1982 for 10 vehicles. A similar permit for 9 more units was issued on 4th of November, 1982. The petitioners took these…