Law:

Section:

Customs Act (IV of 1969)--- ----Ss. 16 & 17---S.R.O. 574(I)/2005, dated 6-5-2005 [as amended by S.R.O. 179(I)/2006, dated 2-3-2006]---Constitution of Pakistan (1973), Art.199---Constitutional petition---Import of vehicle---Refusal of authority to release vehicle for its import being prohibited---Importer seeking release of vehicle on payment of 30% fine pending final decision by Authority---High Court disposed of constitutional petition with directions to authority that if importer was found qualified to import vehicle and its import was not prohibited in law, then assess the duty and taxes payable within specified time; but in case its import was prohibited, then importer would not be entitled to its release; and that till final decision of his case, vehicle shall be released on payment of assessed duty, taxes and 30% fine, and in case importer succeeded to establish that he was not liable to pay any fine, then amount paid in excess shall be refunded to him within one month of such decision. ORDER Heard learned counsel for the parties. The grievance of the petitioners is that they have imported the vehicles and on account of delay caused by customs officials they are being burdened with demurrage and other charges, with the passage of each day. Along with the petitioners, the petitioners have submitted an application stating therein that vehicles, the subject-matter of these petitions, imported by the petitioners be released on payment of 30% fine as the practice being adopted by the Collectorate of Customs Karachi and allow the petitioners to deposit such amount in the shape of Pay Order with the Collectorate of Customs (Appraisement), Karachi pending the final decision. In the petitions, the petitioners have taken plea that their passengers arrived at Karachi on 30th June, 2006 and fine on the assessed value cannot be imposed on them under S.R.O. 574(I)/2005, dated 6-6-2005 amended by the S.R.O. 179(I)/2006, dated 2-3-2006. After hearing the learned counsel for the parties, we are not inclined to give any findings on merits of the case, as it would amount to pre-empt the departmental officers from taking decision in accordance with law. However, the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492