ORDER WITH THE SIGNATURE OF THE JUDGE

1. For hearing of Misc. No. 15460/2016

2. F or hearing of main case.

02.06.2016

Mr. Imran Iqbal Khan, advocate for the petitioner.

Mr. Kashif Nazeer, advocate alongwith Mr. Ilyas

Ahslan, Principal Appraiser, Customs.

Counsel for the petitioner contends that a number of petitions have been disposed of by this Court, through the order dated 13.01.2016, which is available at page 111 of this petition in respect of C.Ps. No. D-7327, D-6573, D-6337, D-7826 and D-7958 of 2015, this petition may also be disposed of on the same lines as the petitioner accepts the survey already conducted in respect of stated consignment but with a right of filing objections as given by this Court to the other petitioners with further directions that his consignment be also released on the same terms and conditions. None controvert this proposition. Order accordingly.

In the circumstances, with the added order as above, we dispose of this petition on the same line by reproducing earlier order.

i. The concerned Collector duly authorized in terms of SRO 565(1)/2006 dated 05.06.2006 to issue provisional certification in terms of aforesaid SRO will issue a proper show cause notice to the petitioners in respect of their claim of issuance of certificate of exemption, whereas, the petitioners shall submit its response. However, if the concerned Collector is not satisfied with the response submitted by the petitioners, he shall by associating the petitioners may constitute a Committee of officials as per aforesaid SRO, including an officer of EDP as well as a technical expert from an independent well reputed organization from private sector, who shall examine the claim of the petitioners and will submit their report, and the petitioners shall be confronted with such report and, in case of any adverse report, the petitioners may file objections, thereafter, the concerned Collector/officer may pass appropriate order therein, however, strictly in accordance with law.

ii. In case of an adverse order by the concerned Collector against the petitioners, the petitioners will be at liberty to assail the same by filing appropriate proceedings before the proper forum, as may be, provided under the law, whereas the respondents shall not take any adverse action against the petitioners pursuant to such adverse order for a period of ten days from the date of such order to enable the petitioners to seek such remedy in accordance with law.

iii. In the meanwhile, the petitioners shall revalidate the cheques, which were furnished before the Nazir of this Court during pendency of these petitions; however, the said cheques will not be handed over to the respondents till expiry of ten days from the date of an adverse order as referred to hereinabove.

The instant petition alongwith the pending applications, stands disposed of in the above terms.

CHIEF JUSTICE

J U D G E

Zahid Baig