ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-322 of 2020

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For hearing of CMA No.1361/2020.

2. For hearing of main case.

(Notice issued)

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2^nd March 2020

Rana Sakhavat Ali, Advocate for Petitioner.

Mr. Usman Hadi, Asst. Attorney General.

Ms. Masooda Siraj, Advocate for Respondents No.2&3.

Mr. Muhammad Rashid Arfi, Advocate for Respondents No.4&5.

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Pursuant to Court’s Notice, Ms. Masooda Siraj, Advocate has shown appearance, undertakes to file vakalatnama on behalf of the respondents No.2&3 and requests for time to file comments. Likewise, Mr. Muhammad Rashid Arfi, Advocate has also shown appearance, undertakes to file vakalatnama on behalf of the respondent No.4&5 and requests for time to file comments.

Learned counsel for the petitioner, however, submits that the purpose of filing of instant petition has been served out, as the consignment of the petitioner has been allowed provisional release, subject to securing the disputed amount of duty and taxes before the concerned Collectorate in the shape of pay order/bank guarantee, therefore, requests that instant petition may be disposed of with direction to the respondents not to encash the pay order/bank guarantee deposited by the petitioner, till final decision by the Director General (Valuation) on the application filed by the petitioner under Section 25D of the Customs Act, 1969. In support of his contention, learned counsel for the petitioner has placed on record a copy of order dated 18.10.2019 passed by this Court in C.P. No.D-6242/2019 in the case of Muhammad Rasheed vs. Federation of Pakistan and others.

Both the learned counsel for the respondents as well as learned Asst. Attorney General do not oppose such disposal of instant petition in view of earlier order already passed by this Court in the aforesaid petition.

Accordingly, by consent, instant petition is being disposed of with the directions to the respondents not to encash the pay order/bank guarantee furnished by the petitioner in respect of Valuation Ruling No.1382/2019 dated 15.07.2019, while seeking provisional release of the consignment in the instant case, till final decision by the Director General (Valuations) on the application filed by the petitioner under Section 25D of the Customs Act, 1969, whereas, it is expected that Director General (Valuations) may decide the subject matter in accordance with law, preferably, within a period of two months from the date of this order.

Petition stands disposed of in the above terms along with listed application.

J U D G E