| Citation(s) |
|---|
| 2006 SLG 681 2006 SLD 681 2006 SCMR 129 2008 PTCL 337 |
Supreme Court of Pakistan
Civil Petitions Nos.287-K, 288, 291, 292, 872, 873-K of 2004, 307, 308, 314, 326, 330 to 333, 339, 343 to 346, 357 to 363-K, 461, 462, 503 and 530-K of 2005, decision dated: 17-10-2005
RANA BHAGWANDAS, JUSTICE SAIYED SAEED ASHHAD, JUSTICE
Akhtar Hussain, Advocate Supreme Court and A. Aziz Khan, Advocate-on-Record for Petitioners (in C.Ps. Nos.287, 288, 291 and 292-K of 2004). K.A. Wahab, Advocate-on-Record for Petitioners (in C.Ps. Nos.872, 873, 326-K of 2004, 330 to 333, 357 to 363, 461,
Civil Petitions Nos.287-K, 288, 291, 292, 872, 873-K of 2004, 307, 308, 314, 326, 330 to 333, 339, 343 to 346, 357 to 363-K, 461, 462, 503 and 530-K of 2005, decision dated: 17-10-2005
RANA BHAGWANDAS, JUSTICE SAIYED SAEED ASHHAD, JUSTICE
Akhtar Hussain, Advocate Supreme Court and A. Aziz Khan, Advocate-on-Record for Petitioners (in C.Ps. Nos.287, 288, 291 and 292-K of 2004). K.A. Wahab, Advocate-on-Record for Petitioners (in C.Ps. Nos.872, 873, 326-K of 2004, 330 to 333, 357 to 363, 461,
DIRECTOR, DIRECTORATEGENERAL OF INTELLIGENCE and INVESTIGATION and others
VS
MESSRS ALFAIZ INDUSTRIES (PVT.) LIMITED and others
Law: Customs Act, 1969
Section: 196
(a) Customs Act (IV of 1969)--S. 196---Constitution of Pakistan (1973), Art. 185(3)---Appeal to High Court---Requirement---When S.196, Customs Act, 1969 requires filing of an appeal by the Collector then it can be filed only by the Collector and none else---Appeal filed by Director of Customs would be deemed to be illegal, incompetent and not maintainable---Even the appeal purported to have been filed by the Collector as the nomenclature of the appellant appeared as Collector of Customs but not signed and verified by him and instead was signed or verified either by a Deputy Collector or Assistant Collector of Customs same would also be deemed not to have been filed in accordance with law---Principles---Supreme Court . expressed its extreme dissatisfaction, discontentment and displeasure on the manner in which the officers of the Customs, Department, Law Officers/Standing Counsel engaged by the Department and the Advocate-on-Record involved in filing/institution of petitions had conducted themselves---Such conduct of persons involved resulted ,in colossal loss to the Government---Copy of the present was directed to be sent to the Chairman, Central Board of Revenue and the Attorney-General for Pakistan, to apprise them of the apathy, careless, casual and ignorant behaviour of the officers of the Customs and the Law Officers/Counsel dealing with the Customs Department. In the matter of Reference by the President of Pakistan under Article 162 of the Constitution of Islamic Republic of Pakistan PLD 1957 SC (Pak.) 219; Messrs V.N. Lakhani and Company v. m.v. Lakatoi Express and 2 others PLD 1994 SC 894; E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536; Atta Muhammad Qureshi v. Settlement Commissioner PLD 1971 SC 61; Liverpool Borrough Bank v. Turner (1848) 13 QB 30; The Punjab Province v. Malik Khizar Hayat Khan Tiwana PLD 1958 FC 200; Khalid Saeed v. Shamim Rizvan and others 2003 SCMR 1505; State through Advocate-General, Sindh v. Hanif Ahmed and others 1994 SCMR 749; Kadir Bux and others v. The Crown PLD 1955 FC 79; Haji Abdullah Jan and others v. The State 2003 SCMR 1063 and Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport,…
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