ORDER WITH THE SIGNATURE OF THE JUDGE

1. For hearing of CMA No. 1406/2016

2. For hearing of main case.

02.06.2016

Mr. M. Kaukab Salahuddin, advocate for the petitioner.

Mr. Kashif Nazeer, advocate files powers for Respondents No. 2 & 3.

Mr. Ilyas Ahsan, Principal Appraiser, Customs.

Mr. Saud, Intelligence Officer.

Mr. M. Aslam Butt, D.A.G.

Learned counsel for the petitioner says that on account of PCT classification dispute, petitioner’s goods are held by the respondents and till the controversy is decided in the departmental hierarchy, the respondents be directed to release the petitioner’s consignment on payment of duties and taxes on the basis of classification made by the petitioner and securing the differential in accordance with the respondents demand. On the other hand, counsel for the respondents submits that contravention report has been prepared and a show-cause notice is likely to be issued in a day or two.

Be that as it may, we while disposing off this petition, direct the respondents to release the petitioner’s consignment upon payment of all duties and taxes on the basis of PCT classification made by the petitioner and securing the revenue in accordance with the stance of the respondent’s department through pay order/bank guarantee as well as fine and penalty, if any, through post-dated cheques. The proceedings in departmental hierarchy should be decided as expeditious as possible. The fate of the differential would be decided after 15 days of the order-in-original.

The petition, alongwith the pending applications stand disposed in the above terms.

CHIEF JUSTICE

J U D G E

Zahid Baig