ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-8071 of 2019

Alongwith S.C.R.A. No.4 of 2020

___________________________________________________________                                        Date                            Order with signature of Judge 

___________________________________________________________

Priority Case:

1. For hearing of CMA No.35596/2019.

2. For hearing of main case.

(Statement by DAG filed)

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5^th March 2020

Ms. Dilkhurram Shaheen, Advocate for Petitioner.

Mr. Muhammad Rashid Arfi, Advocate for Respondent No.3.

Mr. Usman Hadi, Asst. Attorney General.

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            Learned counsel for the respondent No.3 has filed parawise comments, which are taken on record, copy of which has been supplied to the learned counsel for petitioner.

            Learned counsel for the petitioner, however, submits that petitioner will be satisfied and will not press the instant petition, if the respondents may be directed to allow release of the consignment of the petitioner i.e. blanched peanuts Kernels, as the petitioner is willing to secure the value of Rs.38,35,144/- before the Nazir of this Court. Whereas, according to the learned counsel, similar order has already been passed by this Court in numbers of petitions, including C.P. No.D-5277/2019. In support of his contention, learned counsel has placed on record a copy of order dated 08.11.2019 passed by this Court in the aforesaid petition in the case of Mirza Khan vs. The Federation of Pakistan and others.

            Learned counsel for the respondent submits that a reference being S.C.R.A. No.4/2020 has been filed against the order passed by the Customs Appellate Tribunal in the instant case, hence requests that release of consignment in the instant case may be considered as provisional release, which may be subject to final decision by this Court in the aforesaid reference.

            Accordingly, instant petition stands disposed of with direction to the petitioner to secure the disputed amount of value of subject consignment as per show-cause notice in the shape of pay-order / bank guarantee / security before the Nazir of this Court, whereafter, respondents shall allow release of subject consignment. However, the fate of the pay-order / bank guarantee / security, as may be furnished by petitioner before the Nazir, will be finally decided by this Court in S.C.R.A. No.4/2020.     

            Petition stands disposed of in the above terms alongwith listed application.

            At the request of the learned counsel for applicant, instant reference application i.e. SCRA No.4/2020 is adjourned, to be fixed after four weeks.

J U D G E

J U D G E