' The petitioner by filing this Constitutional petition seeks to challenge the levy of surcharge and Iqra surchage. This petition was addmitted and a direction to release the goods on furnishing of Bank guarantee was made. The Bank guarantee was furnished and goods were accordingly released. The interim order made by this Court ceased to be effective on the expiry of six months by virture of Article 199(4-A) of the Constitution of Islamic Republic of Pakistan. The petitioner has now filed miscellanceous application (C.M. 2691/89) praying that the writ petition be disposed of in terms of the judgment of this Court passed in Lahore Textile and General Mills Ltd. v. The Collector of Customs and others (PLD 1988 Lahore 563) without prejudice to its right of moving the Supreme Court of Pakistan to claim the same relief pressed by them in this petition.
2. The legality of the levy of additional customs duty/surcharge and Iqra surcharge was examined in detail by a learned Judge of this Court and the said levy as well as the refusal to grant exemption were held to be legal and valid. See Lahore Textile and General Mills Ltd. v. Collector of Customs and others (supra). In terms of the said judgment, the respondents are entitled to claim surcharge and Iqra surchage. Nothing has been urged which may persuade me to take a view different from the one taken by the learned Judge in the aforesaid judgment. For the reasons recorded therein, this petition fails and is hereby dismissed with costs. The counsel's fee is fixed at Rs,2,000 (Rupees two thousand). The respondents shall be entitled to the counsel's fee. The respondents are, however, restrained from encashing the Bank guarantee furnished by the petitioner for obtaining release of the goods for a period of three weeks from today.