1. The matter agitated in this petition is the subject-matter of appeal at the instance of Respondent No. 1 and is pending before the Respondent No.2. At the time of filing appeal, the post of Collector of Customs (Appeal-II) Karachi, was lying vacant. We have been informed that now the officer has taken over the charge. The issue under controversy stands decided in favour of the petitioner by the Adjudicating Officer, vide order-in-original, dated 15-5-2005.
2. We have asked the learned counsel for the petitioner to show as to how, the issues involved can be decided by this Court in exercise of writ jurisdiction under Article 199 of the Constitution, when the matter is pending before Respondent No.2. He has conceded that in the first instance the matter be decided by the Respondent No.2. He has submitted that the petitioner has to fulfil its commitment which is going to expire on 31-8-2005, therefore, respondent No.2, be directed to dispose of the appeal within 15 days and in the meanwhile the respondent Nos. 1 and 4, may be directed to release the goods enabling the petitioner to fulfil his contractual obligation. The learned counsel for the petitioner stated that the State revenue is fully secured, as the postdated cheque has been issued in favour of the Collector of Customs and indemnity bond has also been executed. Thus, if the matter is ultimately decided against the petitioner, the Customs Department can encash the cheque. .Mr. Raja M. Iqbal, has opposed the second prayer and has further stated that the fine imposed by the Deputy Collector Adjudication at 15% of the value of the goods in lieu of confiscation under section 181 of the Customs Act, has not been paid. Mr. Arif Moton, learned counsel for the petitioner has undertaken to deposit sum representing 15% fine imposed by the Deputy Collector Adjudication, on the assessed value of Rs.9,33,461 within three days.
3. The petition is disposed of along with listed application with the direction to the Respondent No.2, to decide the appeal with 15 days from today, after hearing both the parties. .