Law: Customs Act, 1969

Section: 168

Customs Act (IV of 1969)--S. 168---Constitution of Pakistan (1973), Art. 199---Seizure of imported goods by Customs Authorities---Validity---Petitioners challenging action of authorities on the ground that they were being discriminated---Authorities failed to satisfy Court to justify seizure of goods in question---Authorities admitted in their affidavit that they had earlier cleared consignments on basis of a letter produced by petitioner which was subsequently found to be fake one---Authorities, however, placed nothing on record to show that letter in question, was fake or that it was produced by petitioners---Petitioners having imported goods and having paid customs duties and other charges, Court deemed it just and proper if petitioners were allowed to take delivery of goods and to sell them on conditions to give an undertaking to pay any other charges if 'due and payable on account of violation of terms and conditions of import and further to give undertaking to provide sale exemption certificate within specified days from the date of . ORDER SYED HAIDER ALI PIRZADA, J.---In these four Constitution petitions, question of law and facts are involved. Therefore, with the consent of learned counsel appearing for the parties; they were heard together to be governed by this common judgment. The facts leading to the filing of the above petitions are that pursuant to the import policy the petitioners, like many other importers, were issued valid Import Licences for import of pesticides, insecticides and they imported number of drums of pesticides, Methamidophoes - Monocrotophos and Cypermethrine from foreign countries against valid import licence under PCT 3808-1090 vide S.R.O. 153 (1)/92. dated 4-3-1992. The consignments arrived at Karachi Port,,. The goods were examined and it was found to consist of insecticidially active organic chemicals (Methamidophos). The petitioners paid custom duties and cleared the consignments from bonded warehouses and were delivered to them. The consignments were received to their godowas. It seems that the respondent No.4 visited the godown and unlawfully seized drums under section 168 of the Customs Act, 1969 and directed the…

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