IN THE HIGH COURT OF SINDH AT KARACHI

C.P.  No. D-2930 / 2016

 

ORDER WITH THE SIGNATURE OF THE JUDGE        

 

 

 

1.      For hearing of CMA No. 1406/2016

2.      For hearing of main case.

 

02.06.2016  

 

 

 

 

                        Mr. M. Afzal Awan,  advocate for the petitioner.

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

                        Mr. Khalil Dogar, advocate files power for Respondents No. 2 and 4.

                        Mr. Ilyas Ahsan, Principal Appraiser, Customs.

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

 

 

            Learned counsel for the petitioner seeks release of his consignment on payment of duties and taxes on the declared value and on securing the differential between the declared and the assessed value through pay order/bank guarantee. Counsel further says that on the basis of certain formula respondents have assessed the petitioner’s consignment and not as required under the law, through a speaking order.

 

            On the other hand, Mr. Dogar, as well as Ms. Masooda Siraj and Mr. Ilyas Ahsan submit that the consignment would be released on payment of all duties and taxes on declared value and upon securing the differential between the declared and demanded value through pay order/bank guarantee with the concerned Collectorate as well as fine and penalty, if any, through post-dated cheques and thereafter a speaking assessment order accordingly would be passed.

 

            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 demanded value through pay order/bank guarantee with the concerned Collectorate as well as fine and penalty, if any, through post-dated cheques. A speaking assessment order shall be passed within 15 days and the differential would be appropriated or returned within 10 days thereafter accordingly.

 

 

                                                                                                                CHIEF JUSTICE

 

       J U D G E

 

 

 

 

 

 

Zahid Baig