Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--Art.199--Constitutional jurisdiction, exercise of--Tribunal having jurisdiction in matter had dismissed appeal being barred by time?Order passed by such Tribunal in accordance with law, held, could not be interfered with by High Court in exercise of constitutional jurisdiction. ORDER ABDUL QADEER CHAUDHRY, ACTG. C.J.--The petitioner being aggrieved against the order, dated 15-3-1983 passed by the Director, Octroi, K . M. C . has preferred this petition. The facts are that the petitioner Messrs Popular Clearing Services are the authorised clearing and forwarding agents of Messrs Premier Tobacco Industries Ltd. who imported a consignment of 124 cases of un-manufactured tobacco from abroad under a Bill of Entry for Bond No.P.W. 6329, dated 17-5-1982. It was meant for immediate export to upcountry. Accordingly, the petitioners under Transit Pass Registration No.1975, dated 23-5-1982 availed the transit pass facility. As such on their furnishing a security deposit of Rs.38,067 the petitioners presented the original T . P. R . and two Gate Passes at West Wharf Gate and obtained a Transit Pass No.31790, dated 25-5-1982 for 62 cases of the goods. The said T.P. was discharged in time at Super Highway Octroi Post. The petitioners however failed to obtain another T.P. in respect of the rest of 62 cases of un-manufactured tobacco which they despatched to its destination after loading on N.L.C. Truck. Then the petitioners applied for return of the security deposit but this request was…

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