Law: Import Policy Order, 2005

Section: 19

Law: Specific Relief Act, 1877

Section: O.XXXIX,Rr.1,2

Import Policy Order, 2005--Item.19----Specific Relief Act (I of 1877), Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Interim injunction, grant of---Import of banned items---Plaintiff was. manufacturer of non-prohibited bore of shotgun cartridges---Grievance of plaintiff was that in year 2005, authorities allowed him to import empty cases of shotgun cartridges but in subsequent year, such import was denied---Plea raised by authorities was that one time permission was granted to plaintiff and no further permission could be granted---Validity---Powers were given to Federal Government to allow import in relaxation of any prohibition or restriction under Import Policy Order---Federal Government had to assign reasons for allowing relaxation---If Federal Government refused to allow import in relaxation of any prohibition or restriction reasons had to be given which were just and reasonable and not arbitrary---Reasons for not allowing import in relaxation must be cogent and for advancement of Import Policy Order---Under exception only ammunition could be imported and not spare-parts but at the same time it had to be seen that when cartridges could be imported under exception, the empty shells being part of cartridges could also be imported under exceptions and above all the powers were given to Federal Government to relax any prohibition and restriction---When no restriction was imposed by Import Policy Order, the Officers exercising powers under Import Policy Order could not impose such restrictions and each request for relaxation had to be examined independently on its own merits---Plaintiff had made out a prima facie case and balance of convenience was also in favour of plaintiff---If, no Objection Certificate/relaxation was not granted, plaintiff would suffer irreparable losses and injuries which could not be calculated in terms of money---High Court directed the authorities to issue required No Objection Certificate/relaxation to plaintiff for import of empty cases of shotgun cartridges---Application was allowed accordingly. Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others…

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