WIN PIPE INDUSTRIES (PVT.) LTD. VS ISLAMIC REPUBLIC OF PAKISTAN, 2005 PTD-KARACHI-HIGH-COURT-SINDH 1810 (2004)

(a) Customs Act (IV of 1969)‑------

‑‑‑‑S.20‑‑‑Certificate for duty free import granted to importer by concerned authorities‑Validity‑‑Such certificate could not be cancelled or suspended without hearing the importer‑‑‑Principles illustrated.

(b) Natural Justice, principles of‑--

--‑‑Right of hearing is one, which has to be read into every statute and rules.

Muhammad Saleem Mangrio for Petitioner.

Ziauddin Nasir, Standing Counsel for the State.

Raja Muhammad Iqbal for Respondent No.4 along with Deputy Collector and Junaid Memon, Asstt. Collector Export.

ORDER

Today the Deputy Collector has informed us that the goods of the petitioner cannot be cleared free of duties and other charges due to the reason that approval for such clearance viz. without duty etc. issued by the Customs Authorities to the petitioner has been suspended pending enquiry into the matter. Hence, as far as she is concerned she is only following the orders of her superiors.

To this submission Mr. Muhammad Saleem Mangrio has stated that according to the relevant rules no provision has been made regarding suspension of the approval and since the same has been done without hearing the petitioner it is liable to be set aside.

Mr. Raja Muhammad Iqbal has also supported the Deputy Collector.

We have heard Mr. Raja Muhammad Iqbal and the Deputy Collector as well as Mr. Muhammad Saleem Mangrio. In our opinion once a certificate has been granted by the concerned authorities under the relevant rules regarding duty free import of the petitioner's goods then the same could not be cancelled suspended without hearing the petitioner as has been done in this case. This is for the simple reason that the right of hearing is one which is to be read into every statute/rules as a matter of well‑settled principle of law. Consequently; we would direct the concerned authority viz. The Director Duty Suspension Audit Office (Respondent No.6) to issue a show‑cause notice to the petitioner regarding the suspension of its certificate and after proper hearing pass orders in accordance with the law. In the meanwhile the. petitioner is C allowed to clear its consignments upon submission of a bank guarantee to the satisfaction of Nazir of this Court. Similarly all other consignments of the petitioner shall be cleared upon submission of the requisite ban guarantee to the satisfaction of the Nazir of this Court. Petition stands disposed off along with the pending application.

S.A.K./W‑15/KPetition disposed of.