Law: Customs Act, 1969

Section: 179

Customs Act (IV of 1969)--Ss. 179(1) & 193---Constitution of Pakistan (1973), Arts. 185(3) & .199--­Constitutional petition before High Court---Refusal to hand over passenger coach to petitioner on payment of redemption fine as ordered by Additional Collector (Customs) on the ground that appeal filed against such order had been dismissed in default and an application for its restoration: was pending adjudication---Deputy Attorney-General stated before High Court that he had no knowledge as to whether appeal filed by respondent had been restored or whether any stay order had been granted---High Court directed the respondent to hand over passenger coach to petitioner within specified period---Validity---Deputy Attorney-General conceded before Supreme Court that there was no stay order against order of Additional Collector of Customs---Impugned order did not suffer from any jurisdictional error or misconstruction of law and thus, was not open to interference--­Supreme Curt dismissed the petition and refused to grant leave to appeals. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J. -----Leave is sought against the order of the High Court of Sindh, Karachi, dated 1.6-2001, passed in C.P. No. 617 of 2001 2. Brief facts of the case are that the respondent filed a Constitutional petition in the High Court, of Sindh, Karachi, alleging that petitioner No. 1 refused to hand over the passenger coach to the respondent as per orders of the Additional Collector of Customs dated 20-2-2001. The said coach was ordered to be returned to the respondent on payment of redemption fine of Rs.50,000. The Law Officer, who appeared on behalf of the petitioners before the High Court, admitted that the possession of the disputed coach was not handed over to the respondent on the ground that appeal filed against the order of Additional Collector of Customs dated 20-2-2001, was dismissed in default and for its restoration an application had been filed, which…

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