LOREAL PAKISTAN PSRM (PVT.) LIMITED vs FEDERATION OF PAKISTAN art — 2025 PTD 1895 KARACHI-HIGH-COURT-SINDH

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LOREAL PAKISTAN PSRM (PVT.) LIMITED VS FEDERATION OF PAKISTAN art. 199---Customs act (IV of 1969), Ss. 25, 80 & 81---Order passed in favour of importer---Consignments, non-releasing of---Judicial review of matters involving Customs---Scope---The detention of the imported goods by the Officers of Customs was beyond the bounds of law, when even the owner of imported goods was willing to secure the disputed amount through a bank guarantee---High Court believes in the institutional autonomy and avoids entertaining matters that may result in judicial overreach or encroachment upon the powers of executive authority---Matters like the release of consignment, levy of duty and tax must be handled and resolved at the levels provided under the law and only the matters in the shape of customs references or any issue involving the interpretation of law should come before the High Court---But unfortunately, due to lackadaisical approach of the officers of customs the High Court is clogged with unnecessary litigation seeking indulgence of the High Court to issue writ for release of the consignment under S. 81 of the Customs act, 1969---Inaction on the part of the officers of the Customs to act timely in the matter of release of consignment was highly deplorable---Impugned action on the part of Respondents for refusal to release the imported consignment of the petitioner was without any lawful authority, perverse and illegal, thus subject to the judicial review of the High Court in its powers conferred under art. 199 of the Constitution---High Court directed Respondents to reassess the imported goods of the petitioner in terms of the order passed by the Collector of Customs (appeal) and to release the goods on payment of admitted amount---Constitutional Petition was allowed accordingly.

LOREAL PAKISTAN PSRM (PVT.) LIMITED vs FEDERATION OF PAKISTAN art — 2025 PTD 1895 KARACHI-HIGH-COURT-SINDH

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