Law: Customs Act, 1969

Section: 219

Customs Act (IV of 1969)---Ss. 219, 169 & 201---Registration of Auctioneers and Auction Procedure Rules, 1980, R. 24---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petitioner had made highest bid for purchasing lots of uncleared goods and in consequence thereof he made payment, whereupon delivery of the goods in question was ordered, but subsequently the Assistant Collector of Customs (Appraisement Auctions), issued directions to the trustees of Port Trust for not handing over delivery of the auctioned lots till final decision by the Customs Authority ---Petitioner had assailed the directions of the department and stated that no further steps had been taken by the department as yet--­Validity---Provisions of R.24, Registration of Auctioneers and Auction Procedure Rules, 1980 empowered the Collector of Customs to accept and reject any bid or offer given at any auction proceeding without assigning any reason at any time before delivery of the auctioned goods to the successful bidder and as such directions issued to the Port Trust for not handing over the auctioned goods to the petitioner could not be said to be an illegal or unlawful inasmuch as same were made in pursuance of the powers conferred upon it---High Court, however, remanded the case to the Collector of Customs (Appraisement) to decide the matter in accordance with the provisions of R.24 of Registration of Auctioneers and Auction Procedure Rules, 1980 within six weeks from the date of the remand order under intimation to the High Court. ORDER It has been stated by the Mr. Khawaja Naveed Ahmed learned counsel for the petitioner that in the auction held by the Collector of Customs, the petitioner had made highest bid for purchasing 16 lots of un-cleared goods (75 packages) as stated in para. 1 of the petition and in consequence thereof he made payment of a sum of Rs.400,000 whereupon delivery of the goods in question was ordered, but subsequently the Assistant Collector of Customs (Appraisement Auctions), respondent No.3 issued directions to the Trustees of Port of Karachi, respondent No.4 for not handing over delivery of the said 16 lots till final decision by…

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