ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-4088 of 2019

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority:

1. For hearing of CMA No.18056/2019.

2. For hearing of main case.

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6^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 judgment passed the Customs Appellate Tribunal in Customs Appeal No.K-1153 of 2018 dated 09.04.2019 is based upon the correct finding of facts, whereas, reliance has been placed on the judgment of a Divisional Bench of this Court in SCRA No.258/2010 and others, as well as judgment of the Hon’ble Supreme Court of Pakistan in Civil Petition No.381 of 2013 [RE: The Director of Intelligence & Investigation, FBR, Regional Office, Karachi vs. Muhammad Gul and another] on the subject controversy, therefore, requests that in terms of earlier orders already passed by this Court in similar petitions, provisional release of the subject vehicle may be allowed in favour of petitioner, however, subject to depositing original documents of the vehicle 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 vehicle till final disposal of SCRA No.410/2019 filed by Directorate of Intelligence & Investigation, FBR (Customs) Regional Office, Karachi. In support of his contention, learned counsel has placed on record a copy of order dated 04.12.2019 passed by this Court in C.P. No.D-4115/2019 [RE: Asif Bhutto vs. Federation of Pakistan and others].

Learned counsel for the respondent and learned Asst. Attorney General could not controvert above factual position hence, do not oppose such provisional release in view of earlier orders already passed in the similar petitions.

Accordingly, keeping in view the earlier orders already passed by this Court in similar petitions, we would direct the respondents to release the subject vehicle i.e. used Toyota Hilux Surf bearing registration No.BF-6841, Chassis No.VZN185-9059022, Model Year 2001, in favour of petitioner/owner after proper verification and identification, whereas, the original Registration Book and other documents of the vehicle shall be deposited before the Nazir of this Court. The petitioner is directed to submit an undertaking before the Nazir of this Court to the effect that no third party interest will be created in respect of the subject vehicle till final decision of this Court in SCRA No.410/2019 and the Nazir may intimate the same to the Registration Authority. It is expected that such exercise shall be completed within two weeks from the date of this order.

Petition stands disposed of alongwith listed application. However, it is clarified that the order passed by this Court in the instant case will be subject to final orders, as may be passed in S.C.R.A. No.410/2019.

Office is directed to fix S.C.R.A. No.410/2019 before the Court after four weeks.

J U D G E