| Citation(s) |
|---|
| 2003 SLG 1051 2003 SLD 1051 2003 SCMR 1541 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 1046-K, 1047-K, 1048-K, 1049-K and 2044 of 2002, decision dated: 23rd January, 2003
RANA BHAGWANDAS, JUSTICE SYED DEEDAR HUSSAIN SHAH, JUSTICE
Akhtar Hussain, Advocate Supreme Court for Petitioner (in C. Ps. Nos. 1046 to 1049 of 2002). Khalid Anwar, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner (in C.P. No. 2014 of 2002). Khalid Anwar, Senior Advocate Suprem
Civil Petitions for Special Leave to Appeal Nos. 1046-K, 1047-K, 1048-K, 1049-K and 2044 of 2002, decision dated: 23rd January, 2003
RANA BHAGWANDAS, JUSTICE SYED DEEDAR HUSSAIN SHAH, JUSTICE
Akhtar Hussain, Advocate Supreme Court for Petitioner (in C. Ps. Nos. 1046 to 1049 of 2002). Khalid Anwar, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner (in C.P. No. 2014 of 2002). Khalid Anwar, Senior Advocate Suprem
DIRECTOR INTELLIGENCE and others
VS
MESSRS APEX INTERNATIONAL BUSINESS, FAISALABAD and others
Law: Customs Act, 1969
Section: 2
Customs Act (IV of 1969)--Ss. 2(s), 16, 32, 156(1)(8)(77), 157(2), 171 & 179---Customs General Order No. 15 of 1989 and Customs General Order No. L of 1994--Constitution of Pakistan (1973), Art. 185(3)---Goods in transshipment--Unauthorized desealing and unloading of goods---Goods imported in Pakistan were in trans-shipment to dry port when on spy information raids were conducted and the goods were recovered from unauthorized places and the same were taken into custody by Customs Authorities---Leave to appeal was granted by Supreme Court to examine the question of jurisdiction of Customs Authorities at the port of entry to detain the goods imported for trans-shipment. Famous Corporation v. Collector of Customs 1989 MLD 2322; M. Hameedullah Khan v. Director of Customs Intelligence 1992 CLC 57; C.P. No.1016 of 1999 and Messrs Baba Khan v. Collector of Customs, Quetta 2000 SCMR 678 ref. ORDER RANA BHAGWANDAS, J.--Through this order we propose to dispose of the aforesaid petitions for leave to appeal as these are directed against Sindh High Court short orders, dated 18-9-2002 and 1-10-2002 followed by detailed reasoned judgment, dated 5-10-2002 disposing of four Constitutional petitions filed by respondent-Apex International Business, Messrs Al-Tajjir & Co. (Pvt.) Ltd. and Messrs N.B. Trading Company and Abdullah driver of Trawler against Collector of Customs (Appraisement) and others. 2. Respondent-Apex International Business imported two consignments of waste paper of all sorts, which arrived at the Port of Karachi in two 40 feet long containers from UAE vide separate invoices both, dated 19-10-2001, and Bill of Landing, dated 23-10-2001 for trans-shipment to Faisalabad Dry Port. On arrival at Karachi Port importer, through its Bonded Cargo Carrier-Messrs Al-Tajjir & Co. filed declaration of trans-shipment of consignment to Faisalabad Dry Port Accordingly, in terms of section 121 of the Customs Act, 1969 and in accordance with Licensing Rules. 1971 trans-shipment was allowed and the consignments were permitted to be carried to Dry Port Faisalabad under Trans-shipment Permit No.674/30 and 675i31, dated 30-10-2001 through the Bonded Cargo Carrier…
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