ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-6581 of 2019

___________________________________________________________                                        Date                            Order with signature of Judge 

___________________________________________________________

Priority:

1. For hearing of CMA No.29192/2019.

2. For hearing of main case.

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11^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 petitioner will be satisfied and will not press instant petition, provided that provisional release of the subject vehicle may be allowed in terms of earlier orders already passed by this Court in similar petitions, including C.P. No.D-6092/2019. In support of her contention learned counsel has placed on record a copy of order dated 17.01.2020 passed by this Court in the aforesaid petition in the case of Khair Jan vs. Federation of Pakistan and another, wherein, per learned counsel, in the similar circumstances provisional release of the vehicle has been allowed. Learned counsel for the petitioner has also placed on record a copy of letter dated 08.03.2006 issued by CBR (now FBR) titled as “Guideline for the implementation of amendments made in SRO 574(I)/2005 dated 06.06.2005” and has referred to clause 2(ii) of the said SRO which reads as follows: -

“ii) The amendment shall be applicable prospectively that is from date of issuance of SRO 179(I)/2006 dated 02.03.2006 and the vehicles already confiscated through adjudicating order shall not be liable to be released under this notification. However, in case appellate authority releases the vehicles against 30% redemption fine, the department will not prefer an appeal against the said order;”

            While confronted with hereinabove submissions of learned counsel for the petitioner and the order passed by this Court in the aforesaid petition, as well as the directions of Central Board of Revenue (now FBR) in respect of the vehicles entitled to avail option for release against payment of redemption fine, learned counsel for the respondent and learned Asst. Attorney General could not controvert such position.

            In view of hereinabove factual and legal position relating to the provisional release and option to pay fine and penalty in terms of two SROs referred to hereinabove, instant petition is disposed of with the directions to the respondents to allow provisional release of subject vehicle i.e. Hino Truck bearing registration No.TKZ-135, Chassis No.FM8JNKD46188, Engine No.JO8EUFM-10582, Model 2015, Horse Power 10520 to the petitioner/owner after proper verification and identification, whereas, title documents of the same shall be submitted before the Nazir of this Court alongwith undertaking by the petitioner/owner of the oil tanker to the effect that no third party interest will be created in respect of the subject oil tanker till final decision of this Court in SCRA No.87/2018.

Petition stands disposed of in the above terms alongwith listed application.

            Office is directed to fix S.C.R.A. No.87/2018 before the Court after four weeks. 

      J U D G E

J U D G E