| Citation(s) |
|---|
| 1987 SLG 895 1987 SLD 895 1987 CLC 854 |
Sindh High Court
Constitutional Petition No. D-205 of 1986, decision dated: 26-08-1986
MUHAMMAD ZAHOORUL HAQ AND HAIDER ALI PIRZADA, JJ
Abdul Sattar Pinger for Petitioner. M. Umer Qureshi for
Respondents
Constitutional Petition No. D-205 of 1986, decision dated: 26-08-1986
MUHAMMAD ZAHOORUL HAQ AND HAIDER ALI PIRZADA, JJ
Abdul Sattar Pinger for Petitioner. M. Umer Qureshi for
Respondents
Messrs KHAWAJA TRADING COMPANY
VS
DEPUTY COLLECTOR OF CUSTOMS and others
Law: Customs Act, 1969
Section: 156
[Customs Act (IV of 1969)]........Section 156--Constitution of Pakistan (1973), Art. 199--Confiscation of imported goods--Order of--Question of fact--Determination of-Constitutional jurisdiction, exercise of--Question of bona fide mistake regarding imported goods, being a question of fact for the determination of which Customs Authorities were correct forum--Order of Customs Authorities confiscating imported goods on ground that it was not case of bona fide mistake, but importer had made wrong declaration in respect of imported goods as well as their price, held, could not be interfered with in exercise of constitutional jurisdiction of High Court. (b) Customs Act (IV of 1969)-- ---S. 25--Constitution of Pakistan (1973), Art. 199--Import of goods-Determination of price--Objection to--Constitutional petition-Maintainability of--Importer neither adduced any evidence to prove that price of imported goods was not determined by Customs Authorities in accordance with provisions of S. 25 nor challenged order of Authorities in appeal--Constitutional petition against order of Customs Authorities determining price of imported goods, held, was without merits and was liable to be dismissed. ORDER MUHAMMAD ZAHOOR UL HAQ, J.--The petitioner had declared in the Bill of Entry filed by him that the goods imported by him were Pthalic Anhyrlid which on examination by the Customs Authorities was found to be saccharine. The price of the goods was declared by the petitioner at Rs.52, 420 at the rate of exchange of Rs. 12.84 per U.S. dollar. On examination the Customs authorities found the goods to be saccharine and its value was found to be U.S $3,400 per metric ton. Show-cause notice to this effect was given to the petitioner. The petitioner replied to the same and pleaded that it was by mistake that the Bill of Entry had been filed for the chemicals instead of saccharine. In fact the submission was that the exporter from Korea had by mistake sent saccharine instead of chemicals.…
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