ORDER WITH THE SIGNATURE OF THE JUDGE

1. For hearing of CMA No. 14025/2016

2. For hearing of main case.

02.06.2016

Mr. Zia ul Hassan, advocate for the petitioner.

Mr. Kashif Nazeer, advocate files power for Respondents No. 2.

Ms. Masooda Siraj, advocate for Respondent No. 3.

Mr. Ilyas Ahsan, Principal Appraiser, Customs.

Learned counsel for the petitioner says that the petitioner has challenged the valuation rulings before the Director General Valuation and till the valuation is determined, the petitioner be allowed treatment under section 81 of the Customs Act, 1969. He further says that the respondents are ready to allow him such treatment but are insisting upon 50% in cash and for remaining 50% through pay order. Counsel appearing for respondents do not controvert the position. However, in our opinion, since the valuation is yet to be determined by the Director General, Valuation, therefore, the petitioner is to be treated under Section 81 of the Customs Act on deposit of differential by way of pay orders.

We, in the circumstances, while disposing off this petition, direct the respondents to release the petitioner’s consignment upon payment of all duties and taxes on declared value and upon securing the differential between the declared and assessed through pay order/bank guarantee with the concerned Collectorate, which would be encashable after fifteen days of the order of Director General, Valuation.

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

CHIEF JUSTICE

J U D G E

Zahid Baig