NASIM SIKANDAR, J.---In this constitutional petition following prayer has been made:--- "Under the circumstances, it is respectfully prayed that this Hon'ble Court may be kind enough to declare demand of storage charges for the period from 26-11-2006 to 19-12-2007 covered by the detention certificate issued by respondents Nos.3 and 4 illegal and direct respondents Nos.1 and 2 for waiver of storage charges for the said period in implementation and acceptance of the orders issued by respondents Nos. 3 and 4 in term of section 203 of the Customs Act, 1969 and release the consignment of arms imported by the petitioner without any further undue delay."
2. It is the case of the petitioner that despite having been issued the requisite delay and detention certificate under the Customs Act, 1969 the respondents are insisting on charging full demurrage/storage charges. The contention that where a delay and detention certificate is issued by the Customs Authorities, the demurrage is to be charged at minimum rate is supported by the ratio settled in re: Aftab Ahmed Saeed v. Federation of Pakistan and others (1993 CLC 2022) and re: Messrs Adam Holding Ltd. v. A.C., Customs (1994 CLC 1198). The prayer made in the petition is also supported by a short order of my learned brother Malik Muhammad Qayyum, J. In Writ Petition No. 320 of 2000, dated 21-6-2000.
3. The respondents Nos. 1 and 2 have failed to turn up despite service of notice, therefore, proceed ex parte.
4. For the various reasons stated in the aforesaid judgments this petition is allowed. The respondents Nos. 1 and 2 are directed to charge the demurrage/storage charges at the minimum tariff rate.