MUHAMMAD HALEEM, ACTG. C. J.-Leave to appeal is granted to consider the question as to whether 5% additional customs duty as surcharge can be levied on the value of the plant and machinery pursuant to section 2 of the Finance Ordinance, 1982, in the context of the Notification dated 26th of June, 1980, issued under section 19 of the Customs Act, 1969, which exempted the import of plant and machinery proposed to be installed in the exempt area such as the area of Noshehra from such surcharge/additional customs duty.
2. Security for costs Rs, 5,000. The interim order earlier passed is confirmed, but the interest payable on such bank guarantee shall continue to remain deposited in the bank till the final decision of the appeal. The appeal arising from this petition shall be heard at an early date on the present record with liberty to the parties to file additional documents, if any.