ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-6874 of 2019

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For hearing of CMA No.30584/2019.

2. For hearing of main case.

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17^th December 2019

Ms. Dilkhurram Shaheen, Advocate for Petitioner.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General

Mr. Ghulam Murtaza, Advocate for Respondent.

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Parawise comments have been filed on behalf of the respondent No.2, which are taken on record.

Learned counsel for the petitioner, at the very outset, submits that instant petition can be disposed of in terms of the earlier orders already passed by this Court in similar controversy, whereby, provisional release of the subject vehicle has been allowed subject to depositing petitioner’s ownership documents/Registration Book of the subject vehicle i.e. Toyota Mark X Car bearing Registration No.BFF-873 before the Nazir of this Court with an undertaking by the petitioner that no third party interest will be created in the subject vehicle till final decision of this Court in the Reference Application filed by the Department against the judgment dated 27.07.2019 by the Customs Appellate Tribunal Bench-III, Karachi. In support of his contention, learned counsel for the petitioner has placed on record a copy of order dated 24.04.2019 passed by this Court in C.P. No.D-3914/2017 in the case of Muhammad Usman Shah vs. The Federation of Pakistan and another, whereas, its copy has been provided to the learned counsel for respondent, who does not oppose disposal of instant petition in terms of the earlier orders already passed by this Court in the similar controversy.

Accordingly, instant petition is disposed of with directions to the respondents to allow provisional release of petitioner’s vehicle, which is subject matter of instant petition, however, subject to petitioner’s depositing documents of ownership/Registration Book No.A0387568 of the subject vehicle i.e. Toyota Marks-X Car bearing Registration No.BFF-873, Chassis No.GRX121-1008389, Engine No.3GR-FSE0182758, Model 2006 before the Nazir of this Court alongwith undertaking to the effect that petitioner will not create any third party interest in the subject vehicle till further order or final decision in the Reference Application filed by the Department, whereas, Nazir may issue certificate to the petitioner to this effect. It is clarified that final release and possession of the vehicle’s ownership documents and Registration Book shall be subject to further orders, as may be passed by this Court in the Customs Reference Application filed by the Department in due course of time, in accordance with law.

Petition stands disposed of in the above terms alongwith listed application. Office is directed to fix the aforesaid Custom Reference Application filed by the Department after winter holidays.

J U D G E