Sindh High Court
2020
THLN 1001
2020 PTD 281 | (2020) 121 TAX 412 | 2020 PTCL 428
Laws Cited
Customs Act, 1969 | Pakistan Penal Code, 1860 | Customs Rules, 2001
Sections
Pakistan Penal Code, 1860 | 420,478,486 | R.680,682

MUHAMMAD FAZAL E RABBI THROUGH AUTHORISED ATTORNEY

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY, REVENUE DIVISION/CHAIRMAN, FEDERAL BOARD OF REVENUE, MINISTRY OF FINANCE, REVENUE AND ECONOMIC AFFAIRS, ISLAMABAD AND 3 OTHERS

Petitioner(s) by: Kashif Nazeer for Plaintiff.Osman A. Hadi, Assistant Attorney General for Defendant No.1.Dr. Shahnawaz for Defendants Nos. 2 and 3.
Respondent(s) by:
Present: MUHAMMAD, JUNAID GHAFFAR, JUSTICE
THIS JUDGMENT DELIVERED BY:

MUHAMMAD JUNAID GHAFFAR, JUSTICE:---This is a Suit for Declaration, Injunction and Damages, impugning seizure dated 25.3.2019 of the goods imported by the Plaintiff by Defendants Nos.2 and 3. Through listed application, the Plaintiff seeks suspension of the seizure and provisional release of the consignment in question pending this Suit.2. Precisely the facts, as stated, are that Plaintiff imported a consignment of various goods including mobile batteries, chargers, camera batteries, automobile parts and cosmetics vide G.D. No. KAPE-126393 dated. 06.02.2019 and sought clearance thereof from Defendant No.4. However, even after processing and out of charge of the GD and its release by Defendant No.4, its clearance was not allowed and it is alleged that Defendants Nos. 2 and 3, arbitrarily and without lawful authority and jurisdiction, initially detained the goods and thereafter the impugned seizure has been made for alleged violation of the various provisions of the Customs Act, 1969 ("T...