WESTERN FREIGHT SHIPPING (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary, Revenue Division S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

WESTERN FREIGHT SHIPPING (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary, Revenue Division S.3aa, Chapters XII & XIII---Customs Rules, 2001, Rr. 328, 476, 598 & 638---Tracking and Monitoring of Cargo Rules, 2023, R. 1124---Constitution of Pakistan, art.199---afghan Transit Trade---Tracking and monitoring---Discretion, exercise of---Clean hands---Petitioners were licensed custom-bonded carriers / transport operators, who were aggrieved of decision passed by Licensing Committee notifying respondent company for such transportation---Validity---authorities were required to ensure that transit cargo should reach the destination without any pilferage and for that they were required / authorized to track monitoring of such cargo under Tracking and Monitoring of Cargo Rules, 2023---Petitioners did not challenge provisions of Tracking and Monitoring of Cargo Rules, 2023---Decision taken by the Committee pursuant to R. 1124 of Tracking and Monitoring of Cargo Rules, 2023 was justified and fell within their domain and jurisdiction---It was a matter of exercising discretion to ensure proper transit of cargo in question---High Court in exercise of Constitutional jurisdiction declined to upset exercise of such discretion, which otherwise appeared to be lawful and fully justified---Most of the petitioners had already participated in new procedure, therefore, it was not appropriate for them to approach High Court seeking exercise of discretion in their favor---One, who approaches High Court for exercise of any discretion under art. 199 of the Constitution, must come with clean hands and be fair with the Court---High Court declined to interfere in the matter as the conduct of petitioners was not in consonance with principles of law and no case for indulgence was made out---Constitutional petition was dismissed, in circumstances.

WESTERN FREIGHT SHIPPING (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary, Revenue Division S — 2025 PTD 1012 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 PTD