ORDER WITH THE SIGNATURE OF THE JUDGE

1. For hearing of Misc. No. 13705/2016

2. For hearing of Misc. No. 13706/2016

3. For hearing of main case.

31.05.2016

Mr. Asad Khan, advocate for the petitioners.

Mr. Muhammad Khalil Dogar, advocate for Respondent No. 1.

Mr. M. Aslam Butt, D.A.G.

The main controversy involved in the above petitions appears to be that the respondents have found some invoices in the containers, imported by the petitioners, which diversified the declared value, and therefore proceedings under section 32 of the Customs Act were commenced. The counsel for the petitioner says that he is ready to pay all the duties and taxes on the declared value and to secure the differential between the declared and assessed value through pay order/bank guarantee and further fine and penalty, if any, through post-dated cheques and would also face the proceedings in the departmental hierarchy, however, the above is not the part of the prayers made in the instant petition.

In the circumstances, we while disposing off this petition, direct the respondents to release the petitioner’s consignment upon payment of duties and taxes on the declared value, secure the differential between declared and assessed value through pay order/bank guarantee and fine and penalty, if any, through post-dated cheques and the Proceedings pending before them should be decided at the earliest. The respondents would be at liberty to encah the bank guarantee/pay order of the differential amount and also encash the cheques securing fine and penalty after ten days of the adjudicating order, if it is in favour of the respondents.

The above petitions, alongwith the pending applications stand disposed in the above terms.

CHIEF JUSTICE

J U D G E

Zahid Baig