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1992 CLC 791

JEHANDAD vs COLLECTOR OF CUSTOMS (PREVENTIVE) and others

Citation1992 CLC 791
CourtSindh High Court
Case No.Constitutional Petition No,D-17338 of 1980
Date1989-06-04
Judge(s)Ajmal Mian, Qaisar Ahmed Hamidi
ResultOrder accordingly

' AJMAL MIAN, C.J.--By this petition, the petitioner has prayed for the following reliefs:- "(1) strike down the action of Respondent No,3 as being illegal, void and without jurisdiction; and

(ii) Strike down the oppressive powers that have been granted to this special squad by the Respondent No,1 as being beyond and outside the scope of the statutory powers and as the same are nullified by the grant of such powers, and

(iii) that this Honourable Court may order that the goods which have been brought into the country in accordance with and within the legal framework of the prescribed law be released to the petitioner after the same have been assessed and examined by the rightful authority; and

(iv) Caution the Respondents not to harass and harry the petitioner to cause of this petition; and

(v) Any other relief that this Honourable Court may deem fit and proper in the circumstances alongwith the costs of the petitioner."

2. The brief facts leading to the filing of the above petition are that the petitioner, who is a Pakistani National, was in a private service in Hong Kong. He arrived at Karachi on 6th October, 1980 for a short visit. Upon arrival, he declared form 'A' on the same day. It seems that he returned to Hong Kong by 6th December, 1980 and from there he booked two cartons containing certain items, which were declared in the aforesaid `A. Form. The goods arrived by Thai International Airlines at the night of 13424980, whereupon the petitioner's attorney attempted to file Baggage Declaration but he was not allowed as per averment in the petition. It has also been averred that Special Checking Squad intercepted the above two cartons alongwith other 12, which belonged to some other Pakistanis, who had declared 'A' form. Thereupon, the petitioner has filed the present petition.

3. It seems that the other cartons, which were intercepted, have been released by respondent No,2 after hearing the persons concerned. In our view, it will be just and proper to remand the case to respondent No,2, who will dispose of the above matter after hearing the petitioner and the Department's representative in consonance with law within a period of two months from the date of the receipt of the copy of this order.

4. The petition stands disposed of in the above terms with no order as to costs.

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