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2004 PTD 2617

ZILLION EXPORTS through Sole Proprietor vs COLLECTOR OF CUSTOMS

Citation2004 PTD 2617
CourtSindh High Court
Case No.Constitution Petition No,R-495 of 2004
Date2004-06-15
Judge(s)Zia Pervez, Sayed Saeed Ashhad
ResultOrder accordingly

ORDER

1. Granted.

2. The grievance of the 'petitioners is with regard to the action of the Customs Department in detaining the consignment of wrappers of CDs and DVDs on the ground that these wrappers have been registered as intellectual property.

' Mr. Suhail Muzaffar, learned counsel for the Petitioners, submitted that the Customs Department has not been able to lay down any information as to in which country these wrappers have been registered as intellectual property and that their export by the Petitioners from Pakistan would not be permissible.

' Mr. Raja Muhammad Iqbal, learned counsel for Respondent No,1, submitted that the consignment was detailed only for the purpose of 100 per cent examination of the entire consignment and discussion with the officers of the Customs Department for the purpose of deciding the actual nature of the consignment but such could not be done as the Petitioners, unnecessarily and without justification, rushed to this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan. He further submitted that if so directed, the Respondent No,1 would decide the matter within the time to be specified by this Court.

Mr. Sajjad Ali Shah, learned Standing Counsel, also submitted that it will be proper and appropriate if the matter is referred to the Customs authorities for a decision and if they come to the conclusion that the consignment was not exportable as it was violative of the intellectual property rights, then they should specifically state the country and the relevant law under which such wrappers are registered.

' Upon above discussion, we refer the matter to the Customs Department for taking a decision strictly in accordance with law within 10 days from the date this order comes to the knowledge of Respondent No,1. This petition stands disposed of in the above terms.

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