ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No.D-233 of 2010

          Date                       Order with signature of Judge                           

1. For Katcha Peshi.

2. For hearing of Misc. 895/2010.

08 February 10.

Mr. Khalid Jawed Khan, Advocate for the petitioner.

Mr. Mian Khan, DAG. 

Mr. Sibtain Mehmood, Advocate for respondent No.2.

Mr. G.A. Khan, Advocate for respondent No.3.

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Mr. Sibtian Mehmood, Advocate, has filed power on behalf of respondent No.2 and Mr. G.A. Khan, advocate has filed power on behalf of respondent No.3,  which are taken on record.

It seems that the petitioner has imported certain consignment which has been detained by the respondent No.3.  The respondent No.3 seems to have referred the matter to respondent No.2 for assessment/valuation. 

Learned counsel for the petitioner submits that Goods Declaration has been submitted by the petitioner/importer and the undisputed Customs duty and other charges have also been paid to the Customs Department.  Learned counsel for the petitioner submits that the petitioner is willing to deposit the differential amount with the Nazir of this Court within two days whereafter the Customs department be directed to release the consignment of the petitioner subject to final adjudication of the matter.  He submits that the amount so deposited may be invested by the Nazir in some profit bearing government security for the benefit of the party who succeeds in the matter.  Learned counsel for the respondents have no objection to this suggestion.

Mr. Sibtain Mehmood, learned counsel for respondent No.2, states that the exercise of assessment and valuation of the petitioner’s consignment will be completed within a period of 10 days from today.  After the duty is assessed and conveyed to the petitioner, the petitioner will deposit the same with the Nazir of this Court within two days.  Thereafter, the Customs authorities will release the consignment of the petitioner within a period of two days.

The amount so deposited by the petitioner with the Nazir shall be  invested in some profit bearing government security and the party who succeeds in the matter will be entitled to receive the entire amount i.e. the principal amount deposited by the petitioner and the profit accrued thereon.

The petition stands disposed of in the above terms alongwith the listed application.

                                                                                                J U D G  E

                                                                   J U D G E

Aamir/PS