1. Ajmal Mian, J--(1) Since in the above petitions common questions of law are involved, we intend to dispose of the same by a common judgment.
2. ' Const. Petition No, 701/1980. The relevant facts leading to the filing of the above petition are that the petitioner is a Pakistani national and is presently living in U.K. And is earning foreign exchange.
3. The Government of Pakistan declared Policy for encouraging private investment in Pakistan by the Pakistanis living and earning abroad under N.R.I. Scheme. The petitioner in the year 1978 applied to respondent No,1 i,e, the Government of Pakistan for the grant of No Objection Certificate for import of second-hand/reconditioned Machinery and Equipments for setting up an auto repair workshop at Karachi, out of self-earned foreign exchange from U.K. On non-reparable basis. The petitioner's above application was processed by respondent No,1 through respondent No,2, i,e, the Director- General, Investment Promotion Bureau, (N.R.I. Cell), Government of Pakistan Karachi and, thereafter, vide letter dated 8.1.1979 respondent No,2 granted No Objection Certificate applied for the import of second hand/reconditioned Machinery and Equipments namely;
(i) 400 Pcs--second hand/reconditioned Lbs.
4. Diesel Engine Bedford 105-H.P.
5. J-6, Model 1974, value 20,000
(ii) 650 Pcs--second hand Gear Boxes Bedford 320, J-6, Model 1974, value. 1,300
(iii) 1000 Pcs--second hand Differential (Gear) for Bedford 330, J-6, Model 1974 value 2,000
(iv) 300 Pcs--second hand Crankshaft for Bedford 330, J-6 Model 1974, value 900
(v) 200 Pcs--second hand Front Axels complete for Bedford 330, J-6, Model 1974, value 400 24,600 It seems that in furtherance of the above No Objection Certificate, respondent No,3 issued to the petitioner an Import Licence bearing No, Import Licence No,A-213620, dated 22-2-1979. It further seems that after the issuance of the above Import Licence, the petitioner acted upon the same having imported part of the items referred to hereinabove. It also seems that after the arrival of the consignment of part of the goods, the petitioner filed a Bill of Entry on or about 20-6-1979, but the Collector of Customs refused to clear the petitioner's above consignment on the plea that the Controller of Import and Exports, respondent No,3 had stopped the operation of the above Import Licence. It has also been averred in the petition that since the petitioner could not get any redress from the respondents he filed Constitutional Petition No,1493/1979 in this Court. It has further been averred in the above petition that this Court by an order, dated 9-10-1979 ordered the release of the above consignment. It also seems that after the release of the above consignment the petitioner applied for the renewal of the above Import Licence on the ground that the remaining consignment could not arrive at Karachi within the validity period because of the above dispute, but the respondents declined to accede to the petitioner's request. The petitioner has filed the present petition and has sought inter alia direction that the above Import Licence be renewed.
(b) Constitutional Petition No, D. 1155/1980--The brief facts leading to the filing of the above petition are that the petitioner is a Pakistani national and is presently residing in U.K. And has earned foreign exchange. The petitioner in response to the aforesaid policy applied for a No Objection Certificate to respondent No,1 for the following items:{{TABLE TEXT}} List of second hand Machinery/Equipment C 8 F Karachi 2 Units Repco Wheel Balancer (Model 1974) US.S 2,831 75 " Used/Second hand Diesel Engines 105 HP J-6 Bed- Ford (Model 1974/75) US.S 6,800 1500 " Used/Second hand differ- ential for Bedford (Model 1973/74. US.S 4,300 500 "Used/Second hand Crankshaft for Bedford (Model 1973/74) US.S 1,650
(v) 600 "Used/Secondhand Gear Box for Bedford Truck (Model 1973/74) US.S 2.018
(vi) 2 'Electric Eye Complete For proper Testing of Engines (Model 1975) US.S 590 US.S 18,549 ' It seems that a No Objection Certificate was issued on 20th November, 1978. After that respondent No,3 issued Import Licence No, A-220132, dated 6-5-1979 for the import of the above machinery/equipments. It has been averred that the petitioner on the basis of the N.O.C. And the Import Licence made investments in foreign exchange and placed a confirmed order in the U.K. It has also been averred that on 1-1-1979 the petitioner filed a Bill of Entry with the Collector of Customs for the release of part of the aforesaid machinery/equipment's which had arrived at Karachi against the Bill of Lading dated 14-10-1978, but he declined to release the goods on the plea that respondent No,3 had stopped the operation of the Import Licence. It has also been averred that some of the investors filed writ petitions in which the orders of release were passed and on the basis of the above orders the petitioner's above consignment was also released on 20- 11-1979. It has been further averred that the petitioner could not import the remaining consignment on account of the above dispute, he applied for the renewal of the above Import Licence which request was declined by the respondents. The petitioner being aggrieved has filed the present petition seeing the some relief which has been claimed in the earlier petition.
(c) Constitutional Petition No, D-562/81-- The relevant facts leading to the filing of the present petition are that the petitioner is a citizen of Pakistan. It has been averred that the petitioners left Pakistan in November, 1971 for Jordan and continued to work till 1975 as an expert in Printing in the Ministry of Information Government of Jordan, from 1975 till July, 1977 the petitioner was employed as the Director of Production in the Government Security Press, Ministry of Finance, Government of Saudi Arabia and from July, 1977 to September, 1980 the petitioner had been employed as the Director Production of African Newspaper of Nigeria Ltd. In Nigeria. It has also been averred that the petitioner also in response, to the aforesaid scheme applied for No Objection Certificate to respondent No,1 for the import of secondhand/reconditioned machinery/equipments of the value of US. S 17,200 out of his foreign exchange savings earned by him in the above foreign countries.
6. The above No Objection was issued by respondent No,1 on 17-12-1978. It also seems that in furtherance of above No Objection, Import Licence No,A-213301 was issued on 20-12-1978 after charging Rs,3,440 as the Import Licence fee. It has been averred that part of the goods covered by the above licence were shipped from U.K. In the month of May, 1979 against the Bill of Lading, dated 15-5-1979. It has also been averred that after arrival of the above consignment, the petitioner filed a Bill of Entry with the Customs Authorities, but the latter declined to clear the goods on the plea that respondent No,2 had stopped the clearance. The petitioner being aggrieved by the above action filed Constitutional Petition No,1183/1979 on 31st July, 1979 in which by an ad interim order, dated 18-5-1979, the above part of the consignment was cleared. It has been averred that on account of the above dispute, the time of importing the remaining consignment was not sufficient, the petitioner applied for the renewal of the licence which request has been declined by the respondents, and, therefore, the petitioner has filed the present petition.
(d) Constitutional Petition No, P-133/1981-- The brief facts leading to the filing of the present petition are that the petitioner is a Pakistani national and is presently living in U.K. Having earned foreign exchange. The petitioner also in response to the aforesaid scheme declared by respondent'-No,1 applied for No Objection Certificate to respondent No,1 for the import of the following secondhand machinery/equipment:- {{TABLE TEXT}} List of Secondhand Machinery/Equipment. Lbs.
(i) Four--Wheel Balancer Repco Model 1974/75 1600
(ii) Four--Electric Eye Complete for Testing Engines. 1200
(iii) One--Cranks Grinding Machine Reconditioner. 800
(iv) Five--Used Bedford Engines with hundred Gear Boxes 330. 15000
(v) Two--Used Bedford Axl Se 6 35, hundred and TN Type. 3050
(vi) One--Used Gear Boxes Bedford hundred 200
(vii) Three--Used Bedford Gear Boxes hundred. 600
(viii) Two--Used Bedford Diffs hundred. 400 Total. 22,800 Equivalent to Pak Rs, 4,56,000 (approx.)
7. (Rupees four lacs fifty-six thousand only)."
8. ' The above No Objection Certificate applied for was issued on 27th October, 1979. It has been averred that on the basis of the above N.O.C. The petitioner made necessary arrangements for the purchase of the machinery in terms of the above No Objection Certificate for setting up an Auto Workshop. However, the respondent, in spite of best efforts on the part of the petitioner, declined to issue Import Licence and, therefore, the petitioner has filed the present petitioner seeking direction to the respondent to issue an import licence in terms of the above N.O.C.
2. Messrs Khalid M. Ishaque and Hashmat All Habib, learned counsel for the petitioner in the above petitions have urged that in the above first three petitions the petitioners have acted upon on the N.O.C. And the Import Licences inasmuch as they have imported part of the consignments and that the respondents have no justification to decline to renew the Import Licenses for the import of the remaining secondhand machinery/ equipments which have already been purchased by the petitioners in pursuance of the above N.O.C. And Import License and which could not be imported because of the above illegal act on the part of the respondents. It has been urged by Mr. Hashmat Ali Habib in regard to the fourth above writ petition that since respondent No,1 has issued N.O.C.
9. Upon which the petitioner has acted upon inasmuch as he has purchased the requisite secondhand machinery/equipment's, the respondent has no justification to withhold the Import Licences applied for.
10. ' In furtherance of the above contention, learned counsel for the petitioners have referred to the case of (1) Muhammad Zaman V. Collector of Customs and 2 others 1981 CLC 991 (2) the case of Muhammad Javed v. Collector of Customs and 2 others (C.P No,D-656/80) decided by a D.B. Of this Court on 14th September, 1980 and (3) the case of Manzoor Elahi v. Chief Controller of Import and Export and 2 others (C.P. No,D-756/80) decided by a D.B. Of this Court on 28-2-1982.
11. ' In the above case reported in 1981 CLC 991 the respondents had declined to issue an Import Licence in terms of the N.O.C. Issued under the aforesaid scheme. A Division Bench of this Court held that the action of the respondents in declining to issue an Import Licence was without lawful authority and the respondents were directed to issue an Import Licence and to release part of the goods which had already arrived by then.
12. ' Whereas in Constitutional Petition No,0-656/80 the Division Bench followed the above case Muhammad Zaman v. Collector of Customs 1981 CLC 991 and directed the respondents to issue an Import licence.
13. ' With refercnce to the case covered by C.P. No,D-506/80, a D.B. Of this Court, to which one of us (Ajmal Mian, J) was a party, directed the respondents to renew the Import Licence mentioned therein as the validity Period had expired.
14. The above-cited three cases on all fours are applicable to the instant cases. Mr. S. Inayat Ali standing counsel for the respondent has candidly conceded that the above three cases are directly applicable to the instant cases.
3. We, therefore, allow the above petitions and direct the Director- General, Investment Promotion Bureau, (NRI Cell), Government of Pakistan, Karachi and the Controller of Imports and Exports, Government of Pakistan Karachi to renew the above N.O.C. And the Import Licences covered by Constitutional Petitions Nos. 701/80, 1155/80 and 562/81 for a period of three months from the date of the extension of the N.O.Cs. And the Import Licences.
15. ' Whereas in Constitutional Petition No,0-133/81, we direct the Director-General, Investment Promotion Bureau, (NRI Cell), Government of Pakistan, Karachi and the Controller of Import & Exports, Government of Pakistan, Karachi to renew the N.O.Cs for a period of three months and also to issue an Import Licence having validity period of three months from the date of its issuance.
16. ' The above petitions stand disposed of in the above terms with no order as to costs.