Law: Customs Act, 1969

Section: 156(1),156(8),156(89),157

Law: Constitution of Pakistan, 1973

Section: 199

Customs Act (IV of 1969)--- ---Ss. 156(1)(8)(89) & 157---Constitution of Pakistan (1973), Art.199---Constitutional. petition---Illeged export---Confiscation of trucks---Show-cause notice was issued to petitioners on allegation that they being proprietors of International Customs Agency, managed illegal export---Petitioners duly submitted replies to said show-cause notice---Additional Collector Customs, by impugned order, confiscated Trucks of petitioners under S. 157 of Customs Act, 1969 and penalties of Rs.2,00,000 each were also imposed---Appeal filed by the petitioners against such confiscation and imposition of penalties was sub judice---Said appeal was pending before Collector Appeals Customs, who had also issued stay order, which was turned down by the Assistant Collector State Warehouse for no obvious reason---Assistant Collector State Warehouse and Additional Collector Customs were directed by High Court to stop the auction proceedings in respect of confiscated Trucks; and if the auction proceedings had taken place, they were further directed not to dispose of the Trucks till the disposal of appeal pending before the Collector Appeals Customs--Collector Customs was directed to dispose of the appeal within specified period. THIS ORDER PASSED BY: MUHAMMAD QAIM JAN KHAN, J.---A show-cause-notice was issued on 30-5-2006 to petitioners Nos.1 and 2 in which it has been alleged that "....illegal export was managed clandestinely by you being, the proprietors of Messrs Frontier International Customs Agency by filing GD-I's Forms Nos.10320 and 20321, dated 2-2-2006 for exportation of 80 M. Tons of "Family" brand vegetable Ghee on behalf of Messrs Pan Asia Food and Vegetable Ghee Hattar (Haripur) and all of you, with the connivance of your representatives/authorized sub-agents, drivers, cleaners of the said vehicles have not only retained the consignment of Vegetable Ghee somewhere within country loaded in two trailers (22 wheelers) Regn Nos.1023-KAB and 1025-KAB boarded with (2x40) containers but illegally exported/smuggled 80 M. Tons (1600 bags) Chemical Fertilizer in two ten wheelers trucks bearing the same Regn Numbers." 2. Both the petitioners duly…

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