Messrs ZARGHOON ZARAI CORPORATION VS COLLECTOR OF CUSTOMS, 2006 PTD-SUPREME-COURT 534 (2005)

(On appeal from order of High Court of Sindh, Karachi, dated 15-3-2005 passed in Special Customs Appeal No. 64 of 2004).

Customs Act (IV of 1969)---

----Ss. 194 & 196---Decision of Appellate Tribunal on question of fact---Appeal of High Court---Maintainability---Question, whether goods were of foreign origin or not had been decided by Tribunal as well as by the Additional Collector of Customs---No question of law arose from such decisions for determination by High Court in terms of S.169 of Customs Act, 1969---High Court dismissed appeal in circumstances.

Akhlaq Ahmad Siddiqui, Advocate-on-Record for Petitioner.

Nemo for Respondent.

Date of hearing: 25th October, 2005.

ORDER

RANA BHAGWANDAS, J.---Petitioner is aggrieved by Sindh High Court order, dated 15-3-2005 dismissing Special Customs Appeal of the petitioner against the order passed by Customs, Central Excise and Sales Tax Tribunal upholding Order-in-Original passed by Additional Collector Customs.

2. Operative part of the impugned order reads as under:--

"We have heard the learned counsel at length with reference to the relevant facts and the questions proposed in this appeal. The moot point for consideration in the matter is that whether the goods seized from the appellant were not of foreign origin and the appellant was in lawful custody of the same. By majority view, the Tribunal has recorded its findings against the appellant on this point which is a finding of fact deciding the fate of appellant's claim.

In view of above, in our opinion, none of the questions proposed in this appeal is a question of law within the ambit of section 196 of the Customs Act, 1969. This appeal has, therefore, no merits and the same is accordingly dismissed along with listed application."

3. After hearing learned counsel for the petitioner, we are firmly of the view that the vital question of fact as to whether the goods were of Iranian origin or local made has been concluded by the Tribunal as well as the Additional Collector of Customs, which does not raise any question of law for determination by the High Court in terms of section 196 of the Customs Act, 1969. High Court was, therefore, perfectly justified to decline exercise of its jurisdiction as under the relevant law only a question of law can be raised before it in such appeal. In our considered opinion, the impugned judgment does not suffer from any legal infirmity, material irregularity or error of law or of jurisdiction.

4. Consequently, the petition fails and is hereby dismissed as being without any merit and substance.

S.A.K./Z-1/SC??????????????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.