Law: Customs Act, 1969

Section: 82

Customs Act (IV of 1969)--Ss. 82, 82-A, 203, 201 & 169(5)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Payment of wharfage in respect of storage of confiscated/uncleared goods kept in Dry Port by the Department---Procedure---Contentions of the petitioner, the Dry Port, was that for a period of seven days such storage was permissible gratis but beyond that a reasonable rent was to be paid and that the other Ports in the country, particularly the biggest Port of the country was paying wharfage for storage of such goods which did not get cleared within a period of 30 days as required by S. 82, Customs Act, 1969---Customs Department could not satisfy the Court with respect to the demand which had been raised by the Port/petitioner through the Constitutional petition as well as the relief being asked in that connection---Held, when a dispute had arisen the precedents of biggest Port and the other Ports became relevant and were to be followed---Senior hierarchy of the Customs Department was duty bound to look into the matter and then decide whether the audit objection which had been taken in respect of future wharfage fee be paid to the petitioner/Port and against the fee already paid call for a review and whether the audit objection was based on correct considerations of law, past practice and the provisions of the Customs Act, 1969---High Court, in circumstances, directed to the Collector Customs concerned to decide the issue forthwith after consulting with his counterparts at the different Ports and to place on the record the inter-office notes which he might be receiving from the counterparts for the purpose of adjudication---If it was discovered that the audit objection was based on a wrong consideration, then he shall override the same through an order in accordance with law---Such exercise shall be accomplished within two months from the present order of the High Court and the report shall be submitted by the Collector Customs to the High Court by the specified date. JUDGMENT The matter pertains to the payment of wharfage in respect of storage of confiscated/un-cleared goods kept in Faisalabad Dry Port at Faisalabad by the…

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