Case Details

Citation(s)
2005 SLG 636 2005 SLD 636 2005 PTD 1810
Sindh High Court
Constitution Petition No.D-485 of 2004, decision dated: 30-04-2004
SARMAD, JALAL OSMANY AND AMEER HANI MUSLIM, JJ

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WIN PIPE INDUSTRIES (PVT.) LTD

VS

ISLAMIC REPUBLIC OF PAKISTAN through Secretary Ministry of Finance, Islamabad and 5 others

Law:

Section:

(a) Customs Act (IV of 1969)------- ----S.20---Certificate for duty free import granted to importer by concerned authorities-Validity--Such certificate could not be cancelled or suspended without hearing the importer---Principles illustrated. (b) Natural Justice, principles of--- ----Right of hearing is one, which has to be read into every statute and rules. ORDER Today the Deputy Collector has informed us that the goods of the petitioner cannot be cleared free of duties and other charges due to the reason that approval for such clearance viz. without duty etc. issued by the Customs Authorities to the petitioner has been suspended pending enquiry into the matter. Hence, as far as she is concerned she is only following the orders of her superiors. To this submission Mr. Muhammad Saleem Mangrio has stated that according to the relevant rules no provision has been made regarding suspension of the approval and since the same has been done without hearing the petitioner it is liable to be set aside. Mr. Raja Muhammad Iqbal has also supported the Deputy Collector. We have heard Mr. Raja Muhammad Iqbal and the Deputy Collector as well as Mr. Muhammad Saleem Mangrio. In our opinion once a certificate has been granted by the…
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