Law: Constitution of Pakistan, 1973

Section: 199(a)(ii)

Constitution of Pakistan, 1973- —Art. 199(a)(ii)~Surcharge/additional Custom duty-Imposition of—Challenge to-Whether writ petition is maintainable-Question of~High Court is empowered to issue directions of nature contempleted by Article 199 to a person who is performing functions in connection with affairs of Province or local authority within its territorial jurisdiction-Action impugned in petition is that of Collector Customs, Karachi, whose jurisdiction is confined to Karachi- Held: Petition under Article 199 of Constitution is not maintainable before Lahore High Court.                                                                [Pp.401,402,404405]A,BC PLD 1968 SC 387 not applicable.PLJ 1985 SC 346 and PLJ 1991 Lahore 219 (DB) distinguished AIR 1953 SC 210, AIR 1956 SC 246, AIR 1961 SC 532 and AIR 1962 SC 670 ref. ORDER The petitioner is running a vegetable ghee mill wherein vegetable ghee is being produced out of palm oil which is imported from abroad. Originally, this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 was filed on 19.4.1992 in which the Federation of Pakistan through Secretary Commerce, Islamabad, Chairman Central Board of Revenue, Islamabad Controller of Import and Export and the Federation of Pakistan, through Secretary Ministry of Industries were cited as respondents. 2. In this constitutional petition, challenge of the petitioner was to surcharge/additional customs dutry being demanded by the Collector of Customs, Karachi where the imported consignment was lying. It was pointed out by the learned Deputy Attorney General that this petition was not competent as Collector of Customs, Karachi had not been impleaded as a respondent. On the verbal request of the learned counsel for the petitioner, he was allowed to amend this petition and properly document it. 3. In the amended petition filed by the petitioner in addition to the four respondents already mentioned, the Collector of Customs was impleaded as respondent No. 5. 4. In response to a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492