Law: Imports and Exports (Control) Act, 1950

Section: 5

(a) Imports and Exports (Control) Act (XXXIX of 1950)--Ss. 5-A & 5-B---Constitution of Pakistan (1973), Arts. 24 & 199---S.R.O. No.948 (i)/87 dated 8-12-1987---S.R.O. No. 1140 (i)/86, dated 31-12-1986--­Scheme prescribing procedure for management and allocation of textile quotas, cl. 13---Jurisdiction of Commercial Court and Vice-Chairman of Export Promotion Bureau---Nature and scope detailed---Export Promotion Bureau issued show-cause notice to exporter alleging that he made a shipment under faked visas which was a forgery of Government documents and violation of the Policy/Scheme---Vice-Chairman of Export Promotion Bureau who under the Scheme had jurisdiction to deal with the said irregularities/illegalities cancelled the quota of the exporter---Legality---Held, proceedings under the Scheme before Vice-Chairman of the Bureau were different from proceedings which might be initiated under the Imports and Exports (Control) Act before a Commercial Court or before a Criminal Court of general jurisdiction---If the exporter had factually committed forgery or had caused its commission as was alleged and if the same could be proved in a he could be prosecuted under general criminal law before the normal Criminal Court besides his liability under Ss. 5-A & 5-B of the Imports and Exports (Control) Act, 1950 before the Commercial Court ---Vice Chairman of the Export Promotion Bureau could not have cancelled the exporter's quota which he had acquired through his earnings on the basis of his export performance of the preceding year and/or by purchases for the Federation and/or from the exporters in the market which had become his property which he could not have been deprived of without clear mandate of law---Supreme Court directed that Vice-Chairman of the Bureau of Export Promotion should re-examine the case for considering the question of imposition of any other punishment or punishments other than cancellation of exporter's quota in terms of the Scheme. (b) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction of High Court under Art. 199---Nature and scope---Constitutional jurisdiction is not designed and intended to be used as a…

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