Case Details

Citation(s)
2009 SLG 688 2009 SLD 688 2009 PTCL 475 2009 PTD 328
Lahore High Court
Writ Petition No. 1260 of 2008, decision dated: 1st December, 2008
NASIM SIKANDAR, JUSTICE
Mian Abdul Ghaffar for Petitioner. Ms. Kausar Parveen for
Respondents Nos. 3 and 4.

MESSRS MAJID & CO. THROUGH PROPRIETOR

VS

DISTRICT MANAGER, PIA and 4 others

Law: Customs Act, 1969

Section: 203

Customs Act (IV of 1969)--S. 203---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Charging full demurrage/storage charges---Case of the petitioner was that despite having been issued the requisite delay and detention certificate under the Customs Act, 1969, authorities were insisting on charging full demurrage/storage charges---Contention of the petitioner was that where a delay and detention certificate was issued by the Customs Authorities, the demurrage was to be charged at minimum rate---Constitutional petition, in circumstances was allowed and authorities were directed by High Court to charge the demurrage/storage charges at the minimum tariff rate. Aftab Ahmed Saeed v. Federation of Pakistan and others 1993 CLC 2022 and Messrs Adam Holding Ltd. v. A.C. Customs 1994 CLC 1198 ref. ORDER NASIM SIKANDAR, J.---In this constitutional petition following prayer has been made:--- "Under the circumstances, it is respectfully prayed that this Hon'ble Court may be kind enough to declare demand of storage charges for the period from 26-11-2006 to 19-12-2007 covered by the detention certificate issued by respondents Nos.3 and 4 illegal and direct respondents Nos. 1 and 2 for waiver of storage charges for the said period in implementation and acceptance of the orders issued by respondents Nos. 3 and 4 in term of section 203 of the Customs Act, 1969 and release the…
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