Law: Sea Customs Act, 1878

Section: 167

(a) Writ petition--Whether lies where other remedy open and not availed of -Constitution, o f Pakistan, Art. 170. Per Muhammad Bakhsh, J.---Where there is a specific legal remedy equally convenient and efficacious, writ does not lie unless there is absence or excess of jurisdiction or contravention of some statute or the principles of common law. Article 170 of the Constitution was not intended to supplant all the existing laws. Where the petitioner had not availed of the provisions of appeal and revision in sections 188 and 191 of the Sea Customs Act (VIII of 1878) because, as they claimed, they were not in a position to pay the heavy amount of penalty imposed on them under Entry 81 of section 167 of the Act, and therefore had recourse to a writ petition. Held, that this was clearly by-passing the existing law and a writ petition was not competent. New Goal Cloth Market Union Lyallpur v. Lyallpur Munici­pal Committee Lyallpur P L D 1955 Lah. 149, Walchandnagar Industries Ltd. v. State of Bombay A I R 1953 Born. 195, Muhammad Karar Ali v. State of U. P. A I R 1954 A11. 753, veerappa v. Raman and Raman Ltd. A I R 1952 S C 192 ref. Assistant Collector of Customs v. Soorajmull A I R 1952 Cal. 656, W. Saldanna, the Collector of Central Excise, Delhi v. S. Amarjit Singh, A I R 1954 Pb. 73 ref. Per Munshi, J (contra).---Writ of certiorari should not be refused merely on the ground that there is an alternative remedy by way of appeal or revision. The alternative remedy contemplated by law is that which is equally convenient, beneficial and effective. When the alternative remedy is less convenient, the petition for writs should be entertained. The remedy in the present case was not convenient as the amount of penalty ran into lacs which had to be deposited before the appeal could be heard, not to say of the delay which was a usual feature of such appeals. Khadim Mohy-ud-Din v. D. R. C. Layallpur P L D 1956 Lah. 479 ; New Goal Cloth Market Union Lyallpur v. Municipal Committee Lyallpur P L D 1955 Lah. 149 ; Assistant Collector of Customs v. Soorajmull .A I R 1952 Cal.. 656 Kanglu Baula v. Chief Executive Officer A I R 1955 Nag. 49 (F B) ; Halsbury's Laws of England,…

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