ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

CP No.D-1432 Of 2009. ________________________________________________________

Order with signature of Judge

1. For order on office objection a/w reply.

2. For Katcha Peshi.

28.10.2009.

Mr. Sohail Muzaffar, advocate for the petitioner.

Mr. Zain A. Jatoi, advocate for the respondent alongwith Mr. Ilyas Ehsan, Appraising Officer.

Mr. Umer Hayat Sandhu, DAG.

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It seems that pursuant to the order in review dated 15.05.2009, the matter was re-adjudicated by the Additional Collector who passed an order dated 24.06.2009 whereby the imported goods were revalued and the earlier valuation was modified. The order also seems to have imposed a personal penalty on the petitioner in the sum of Rs.1,500,000/- (Rupees Fifteen Lac) and the petitioner is aggrieved by imposition of the personal penalty.

It seems that the petitioner has remedy under the law of challenging the order dated 24.06.2009 by way of an appeal before the Collector of Customs. Learned counsel for the petitioner states that the petitioner will avail remedy as is provided under the law but in the meanwhile the consignment imported by the petitioner may be released as the petitioner has paid off the duties and also the fine amount and as regard personal penalty the petitioner agrees to give to the customs authority a pay order of the personal penalty amount which will remain as a security until the adjudication proceedings are terminated. The counsel for the respondent has no objection if the imported consignment is allowed to be released on petitioner's providing to the respondent a pay order in the sum of Rs.1,500,000/- (Rupees Fifteen Lac), which is personal penalty amount imposed upon the petitioner.

Consequently this petition is disposed of and the petitioner, on payment of duty and fine and on delivery of pay order in the amount of Rs.15,00,000/- (Rupees Fifteen Lac), being personal penalty will be entitled to release of the consignment from the customs authority.

J U D G E

Aamir/PS