ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5277 of 2019

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For hearing of CMA No.22940/2019.

2. For hearing of main case.

(Statement by DAG filed)

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8^th November 2019

Ms. Dilkhurram Shaheen, Advocate for Petitioner.

Mr. Muhammad Khalil Dogar, Advocate for Respondent.

Mr. Muhammad Ameenullah Siddiqui, Asst. Attorney General.

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Learned counsel for the petitioner submits that petitioner will be satisfied and will not press the instant petition, if the respondents may be directed to allow release of the consignment of the petitioner i.e. 98 Cloth Rolls, as the petitioner is willing to secure the value Cloth Rolls before the Nazir of this Court. Whereas, according to the learned counsel, similar order has already been passed by this Court in numbers of petitions including C.P. No.D-6939/2017. In support of his contention, learned counsel has placed on record a copy of order dated 05.04.2018 passed by the learned Division Bench of this Court in C.P. No.D-6939/2017 in the case of Haji Fazal Muhammad vs. The Federation of Pakistan and others.

Learned counsel for the respondent submits that a reference being S.C.R.A. No.289/2019 has been filed against the order passed by the Customs Appellate Tribunal in the instant case, hence requests that release of 98 Cloth Roll in the instant case may be considered as provisional release, which may be subject to final decision by this Court in the aforesaid reference.

Accordingly, instant petition stands disposed of with direction to the petitioner to secure the disputed amount of value of 98 Cloth Rolls as per show-cause notice in the shape of pay-order / bank guarantee before the Nazir of this Court, whereafter, respondents shall allow release of such 98 Cloth Rolls. However, the fate of the pay-order / bank guarantee, as may be furnished by petitioner before the Nazir, will be finally decided by this Court in S.C.R.A. No.289/2019.

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

J U D G E