Law: Constitution of Pakistan, 1973

Section: 199

[Afghan Transit Trade Agreement, 1965.........Constitution of Pakistan (1973), Art. 199---Constitutional petition---Six containers comprising 2084 cartons of cigarette paper and filter paper were imported by the Afghan Firm (petitioner) from France and Austria for Afghanistan-­Consignment arrived at Karachi through sea for onward transit to Afghanistan through Pakistan---Under Afghan Transit Trade Agreement, 1965, goods arriving at Karachi or any other Port imported for Afghanistan were to cross the country and border of Pakistan without payment of Customs, Excise duties or any other charges except those mentioned in the said Agreement of 1965 executed between the two countries---Goods having been released from Karachi for transit to Afghanistan on payment of demurrage charges reached Peshawar Custom Dry Port, where once again the same had been detained by the Customs Department ---Validity--­Afghan Transit Trade Agreement of 1965 was in existence and in the absence of any amendment or redrafting of such Agreement, department had got no lawful authority to detain the petitioner's consignment--­Apprehension of the department about the goods in transit being smuggled back to Pakistan might be factually correct, but on legal premises courts of law were to apply and interpret the law as it existed---Action taken by Authorities in detaining the goods in transit to Afghanistan was consequently declared to be without lawful authority and of no legal effect with the direction to them to release the detained goods forthwith. Messrs Najib Zarab Limited v. Government of Pakistan and 4 others PLD 1993 Kar. 93 ref. 1996 SCMR 727 rel. ORDER Facts, as alluded to in the petition, are that petitioner is an Afghan firm while Sher Gul is its proprietor who is an Afghan national. Six containers comprising 2084 cartons of cigarette paper and filter paper were imported by the petitioner's firm from France and Austria for Afghanistan. The consignment arrived at Karachi through sea for onward transit to Afghanistan through Pakistan. Under Afghan Transit Trade Agreement, 1965 (ATTA) goods that arrived at Karachi or any other port imported for Afghanistan are to cross the country and…

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