Law: Customs Act, 1969

Section: 16

Constitution of Pakistan (1973)--Art.185(3)---Acceptance of Constitutional petition on assumptions which had no basis in fact---Effect---High Court having accepted Constitutional petition on ground which was completely contrary to actual position and assumptions which had no basis in fact, its could not be upheld and was liable to be set aside.(b) Customs Act (IV of 1969)-------Ss.16, 82, 168(2) & 180---Passengers (Non-Tourists) Baggage (Import) Rules, 1972---Defence of Pakistan Rules, 1971, S.142---Constitution of Pakistan (1973), Art. 185(3)---Respondent's shotgun brought into Pakistan was refused clearance as its import was banned and then auctioned---High Court in Constitutional jurisdiction ordered release of gun and same was handed over to respondent--�Shotgun purchased in 1974, after remaining in custody of Customs Authorities, had now been with respondent, in pursuance of order of High Court for over six years---Supreme Court observed that departmental Authorities should consider the advisability of not insisting on the return of the gun for its re-auction which was now in very poor condition and respondent had suffered for his mistake in bringing the same without proper import licence---Customs Authorities, could however recover the duty, if any from respondent---Appeal was accepted in circumstances.JUDGMENT NASIM HASAN SHAH, J: --The respondent was a member of the Pakistan Delegation to the 29th Session of the United Nations General Assembly held from 17th September, 1974 to 19th December, 1974. He brought a shotgun from London while returning from New York. On his arrival at Karachi on 2nd of January, 1975, at his request this shotgun was transhipped by air to Peshawar. However, it was not released as a permit was required for its clearance from the Controller of Imports and Exports. He applied on 4th January, 1975, for such permit but his application was rejected on the ground that the shotgun was a prohibited item and could not be imported. Thereafter, the Deputy Superintendent, Customs, Peshawar issued a notice under section 82 of the Customs Act on 4th of July, 1975, to the respondent to clear this shotgun within 10 days otherwise…