Case Details

Citation(s)
2009 SLG 1268 2009 SLD 1268 2009 PTD 63
Supreme Court of Pakistan
Civil Petition No.1116 of 2008, decision dated: 18-09-2008
SAIYED SAEED ASHHAD AND MUHAMMAD MOOSA K. LEGHARI, JJ
Malik Manzoor Hussain, Advocate Supreme Court. Nemo

Messrs AHMED BROTHER TRADE INTERNATIONAL, GILGIT

VS

COLLECTOR CUSTOMS, CUSTOM HOUSE, RAWALPINDI/ISLAMABAD and others

Law:

Section:

(a) Customs Act (IV of 1969)--- ----Ss. 32(1), 180 & 168---Imports and Exports (Control) Act (IX of 1950), S.3(1)---Drugs Control Act (XXXI of 1976), Preamble---Constitution of Pakistan (1973), Art.185(3)---Seizure of goods---Show-cause notice---Goods on importation were lying at the dry port area pending clearance without any seizure having been effected, and the matter of the imported goods being banned for import in the country was being inquired into---Goods were formally seized after providing enough opportunity to the importer to submit the proof of import authorization, even the agency on whose behalf the importer claimed to have imported the goods, did not respond to the query made by the Customs authorities despite lapse of 1-1/2 months---Importer was accordingly issued a show-cause notice after effecting formal seizure of the goods but no satisfactory reply was received from the importer---Show-cause notice issued to the importer, in circumstances, was within time---Petition for leave to appeal was dismissed. (b) Customs Act (IV of 1969)--- ----Ss. 32(1), 168 & 180---Constitution of Pakistan (1973), Art.185(3)--Import of banned injections---Seizure of goods---Show-cause notice---Report from Health Ministry was, available on the record to show that the goods, so imported by the importer, were not only unregistered but banned in Pakistan since 2006 on account of causing adverse effects to human beings--Effect---Drugs in question having adverse effect on human health and being already banned in the country could, in no case, be released or returned---Contention raised by the petitioner (importer) having sufficiently been discussed and properly dealt with by the Tribunal as well as by the High Court in a legal and valid manner, petition for leave to appeal against the of the High Court was dismissed. JUDGMENT MUHAMMAD MOOSA KHAN LEGHARI, J.---The petition for leave to appeal is directed against the judgment, dated 16-6.2008 passed by the Islamabad High Court in C.R. No.5 of 2008. By the said judgment the Reference filed by the petitioner against the judgment of Customs Appellate Tribunal was dismissed. 2. Precisely stated, the facts of the case…
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