MUHAMMAD SHARIF VS COLLECTOR OF CUSTOMS (APPRAISEMENT), KARACHI, 2006 PTD-KARACHI-HIGH-COURT-SINDH 2435 (2006)

Customs Act (IV of 1969)---

----S. 82---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Failure to get the goods clear---Effect---Petitioner/importer had contended that he had no knowledge that goods had arrived at the Port and for that reason he could not clear the same due to which said goods had been auctioned by Customs Authority---Contention of petitioner had been repelled on the ground that necessary notice under S.82 of Customs Act, 1969 was duly sent to petitioner and thereafter matter was proceeded---Validity---Imported goods were legally auctioned by Customs Authorities after serving necessary notice on petitioner under S.82 of Customs Act, 1969; as petitioner had disputed receipt of said notice, it was a question of fact which could not be agitated by petitioner in constitutional jurisdiction of High Court---Petition therefore, was dismissed---Petitioner however would be free to resort to any other forum for redress of his grievance---Customs Authorities would proceed to deliver goods to Auction purchaser, accordingly.

Muhammad Mushafey Ahmed for Petitioner.

Raja Muhammad Iqbal for Respondents along with Tariq Aziz Appraising Officer.

ORDER

According to the petitioner, he had no knowledge that the goods had arrived t the Port Qasim and hence he could not clear the same due to which reason the said goods were consequently auctioned by the Customs Authority. This petition has been challenged by Mr. Raja Muhammad Iqbal. He has relied upon the comments filed by the Department according to which necessary notice under section 82 of the Customs Act was sent to the petitioner and thereafter the matter was proceeded. Now according to the learned counsel the goods have been auctioned and the auction-purchaser has paid the entire price as per the documents filed with the comments. However, the Customs Authorities have not allowed delivery of the goods since the matter is pending before this Court.

The auction-purchaser is also present in Court. He says that he has made payment on 3-4-2006 and till to date he has not been given delivery. He also prays that the petition be dismissed in limine and he may be allowed to uplift the goods.

We have heard the learned counsel for the parties as well as the auction-purchaser and also the petitioner in person.

Upon perusal of the petition as well as the comments filed in response thereto, it appears that the petitioner was sent the necessary notice under section 82 of the Customs Act and thereafter the goods were auctioned in accordance with the law. As the petitioner has disputed the receipt of such notice, in our view, this being a question of fact cannot be agitated by him in writ jurisdiction. Consequently, we would dismiss this petition in limine. The petitioner would be free to resort to any other forum for the redress of his grievance. The Customs Authorities shall proceed to deliver the goods to the auction-purchaser immediately and refund the excess amount received by them to the petitioner viz. after deducting customs duties etc. from amounts received from the auction-purchaser.

H.B.T./M-94/KOrder accordingly.