Mirza ASLAM BAIG vs FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad Rr — 2025 PTD 1100 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PTD 1100 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PTD
Parties: Mirza ASLAM BAIG vs FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad Rr
Subject matter: Constitutional

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

Judgment text as reported

Mirza ASLAM BAIG VS FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad Rr. 58(2), 61(b), 66(i) & 71---Perishable goods, auction of---Procedure, non-observance of---Effect---Petitioner (a bidder participating regularly in Customs Department's/respondent's auctions) filed constitutional petition against an order restricting him from entering Customs premises and participating in future auctions ('impugned order')---Said impugned order was passed by the respondent due to a complaint filed by petitioner alleging that an auction of a lot was secretly sold to another bidder at a significantly lower price than his offer under the umbrella of R. 71 of the Customs Rules, 2001, which permitted the sale of perishable goods through private offers or public auction---Contention of the petitioner was that though goods were perishable yet the lot was awarded opaquely without adherence to the procedural mandates under Rr. 58, 61 & 66 of the Customs Rules, 2001---Validity---Provision of Rr. 58, 61 & 66 of the Customs Rules, 2001, collectively required proper notification, public advertisement and transparent bidding, and none of said Rules permitted discretionary award of auctioned goods behind closed doors or at suppressed prices---The fact that the successful bid i.e. Rs.2,530,000/- was significantly below the petitioner's alleged offer of Rs.4,000,000/- and the sale occurred after the auction was withheld, as alleged due to a stay, pointed toward irregularity and lack of transparency---High Court set-aside the impugned restricting order against the petitioner (regular bidder)---Constitutional petition was allowed.

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