ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-4661 of 2020

___________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.19731/2020 (Urgent).

2. For order on CMA No.19732/2020 (Exemption).

3. For order on CMA No.19733/2020 (Stay).

4. For hearing of main case.

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28^th September 2020

Mr. Ghulam Hyder Shaikh, Advocate for Petitioners.

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1. Urgency granted.

2. Exemption granted but subject to all just exceptions.

3&4. Learned counsel for the petitioners submits that before filing instant petition, petitioners had filed a Constitution Petition bearing No.D-4408 of 2020, wherein, vide order dated 17.09.2020 petitioners were directed to approach the Customs Authorities for seeking provisional release of petitioners’ consignment under section 81 of the Customs Act, 1969, whereas, respondents were directed to pass appropriate order in accordance with law and in case of any adverse order, petitioners were required to seek further remedy, as may be available to them. According to learned counsel, petitioners approached the Customs Authorities for provisional release of subject consignment by filing an application under section 81 of the Customs Act, 1969 dated 21.09.2020 while giving reference to the Court’s order dated 17.09.2020 passed in the aforesaid petition, however, Assistant Collector, MCC Appraisement & Facilitation (East), Customs House, Karachi has refused to allow provisional release of the subject consignment vide order dated 25.09.2020, whereas, the assessment has been completed without provisional assessment in violation of the Court’s order dated 17.09.2020. According to learned counsel, this conduct of the respondents is violative of Court’s order as referred to hereinabove as well as judgment of this Court in the case of Danish Jahangir v. Federation of Pakistan (2016 PTD 702) as well as order of the Hon’ble Supreme Court of Pakistan as referred to hereinabove, therefore, requests that respondents may be directed to allow provisional release of petitioners’ consignment in accordance with law.

Let pre-admission notice be issued to the respondents as well as D.A.G. for 05.10.2020, to be served through first three modes, when comments, if any, shall be filed with advance copy to the learned counsel for petitioners. On the next date of hearing, Chief Collector of Customs South shall be in attendance.

J U D G E