By this petition, petitioner has challenged the action of ,Respondent in the shape of circular, dated 29-6-2004 which reads as under:-- GOVERNMENT OF PAKISTAN COLLECTORATE OF CUSTOMS (PREVENTIVE) CUSTOM HOUSE, KARACHI No, Rev/La/SI-Misc/1-6/89 Dated 29th June, 2004 CIRCULAR ' The Licensing Authority (Preventive) has received two complaints against Shipping Agent Messrs Universal Shipping (Pvt.) Limited, Karachi holder of Licence No, SA-280 from Messrs International Impex, Karachi regarding issuance of break-up Delivery Order charges for issuance of a Bill of Entry for clearance of Raw Material imported by their client of 6 Pallets at Q.I.C.T. And got the Bill of Entry completed and paid Government revenue vide Cash No, 1192, dated 17-3-2004 when they presented the Bill of Entry of delivery of goods, they were informed by the Q.I.T.C. Authorities that their consignment has been shifted to A.I.C.T. By the Shipping Agent. According to complainant the goods were shifted without the knowledge of Clearing Agent, Importer, Q.I.T.C. Authorities and without filing T.P. Due to which their consignment was delayed for 15 days and production of the factory was also suffered.
2. In view of the above complaints, the Licensing Authority is pleased to suspend the Customs Agent Licence No: SA-280 (for entrance and clearance of conveyances) of Messrs Universal Shipping (Pvt.) Limited, Karachi till further orders. As such, no documents filed by the aforesaid Shipping Agent be accepted/processed. However, documents already filed by them to date may be allowed to be processed. ADDITIONAL COLLECTOR OF CUSTOMS Preventive Headquarter Licensing We have heard learned counsel for the parties and carefully perused the case record. It has not been disputed by learned counsel for the respondent that the impugned action taken by respondent Jas reproduced above) has been taken without affording any opportunity of hearing to the petitioner and such action has virtually put the petitioner out of his business.
' In view of the above undisputed position we allow this petition in the terms that the circular, dated 29-6-2004 issued by the Respondent is declared to be without lawful authority and of no legal effect. However, it will be open for the Respondent to take any appropriate action against the petitioner strictly in accordance with law and providing him due opportunity of hearing in the matter, before passing any Order.