ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. D-130 of 2010

Date Order with signature of Judge

1. For Katcha Peshi.

2. For hearing of Misc. 500/2010.

08 February 10.

Mr. Khalid Jawed Khan, Advocate for the petitioner.

Mr. Mian Khan, DAG.

Mr. Raja Muhammad Iqbal, Advocate for respondent No.2

Mr. Sibtain Mehmood, Advocate for respondent No.3.

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Mr. Sibtian Mehmood, Advocate, has filed power on behalf of respondent No.3, which is taken on record. Comments have been filed on behalf of respondents No.2 and 3, copies whereof have been supplied to the other side in Court today, which are also taken on record.

It appears that there is a dispute with regard to the chargeability of duty on the consignment imported by the petitioner. Learned counsel for the petitioner states that the petitioner has already paid the customs duty and other charges as per declaration of the goods by the petitioner and now there is a dispute regarding the differential amount of Rs. 926,001/- only.

Learned counsel for the petitioner submits that the petitioner is willing to deposit the differential amount of Rs.926,001/- 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.

In view of the above, while the Customs authorities are at liberty to take action in accordance with law against the petitioner, but on deposit of the above differential amount of Rs.926,001/- in two days with the Nazir of this Court, the Customs authorities will release the consignment of the petitioner within a further 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 of Rs.926,001 and the profit accrued thereon.

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

J U D G E

Aamir/PS