ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5652 of 2019

___________________________________________________________                                        Date                            Order with signature of Judge 

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Priority:

1. For hearing of CMA No.24978/2019.

2. For hearing of main case.

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4^th February 2020

Ms. Dilkhurram Shaheen, Advocate for Petitioner.

Mr. Khalid Mehmood Rajpar, Advocate for Respondent.

Mr. Usman Hadi, Asst. Attorney General.

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            Learned counsel for the petitioner submits that order-in-original as well as order passed by the Customs Appellate Tribunal in favour of the petitioner are not being honoured by the Customs Authorities, who are not allowing release of two subject vehicles i.e. used dump trucks. Per learned counsel, petitioner may be allowed provisional release of the subject vehicles in terms of earlier order already passed by this Court in the similar petition and SCRAs, as the petitioner is willing to deposit original documents of the subject vehicles before the Nazir of this Court alongwith undertaking to the effect that no third party interest will be created by the petitioner in the subject vehicles till final disposal of SCRA No.617/2019 filed by Customs Department. In support of his contention, learned counsel has placed on record a copy of order dated 15.05.2019 passed by this Court in C.P. No.D-5522/2018 [RE: Amir Nawaz Khan vs. Federation of Pakistan and another].

            Learned counsel for the respondent and learned Asst. Attorney General could not controvert above factual position in view of earlier orders already passed in similar cases.

            Accordingly, instant petition is disposed of with directions to the respondents to allow provisional release of the two subject vehicles i.e. used dump trucks bearing Chassis No.CW5XL-11894 Model 2014 and CW5XL-30278 Model 2014 subject to deposit of original documents of the vehicles alongwith undertaking to the effect that no third party interest will be created by the petitioner in respect of the subject vehicles till final decision of this Court in SCRA No.617/2019, whereas, the fate of subject vehicles and their permanent custody shall be finally decided in the above reference in accordance with law.

            Petition stands disposed of accordingly. Office is directed to fix S.C.R.A. No.617/2019 before the Court on 26.02.2020. 

      J U D G E

J U D G E