ORDER SHEET
______________________________________________C P No. D-3642 of 2011
Order with signature of Judge
__________________________________________________________________
1. For orders on CMA No. 4278 of 2012
2. For katcha peshi
3. For hearing of CMA No. 16884 of 2011
4. For hearing of CMA No. 16884 of 2011
09.03.2012
Mr. Sohail Muzaffar, Advocate
Mr. Zain Jatoi, Advocate
Mr. Shakil Ahmed, Advocate
Mr. Ashfaq Ahmed Tagar, DAG.
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The consignment was shipped by Nigerian High Commission. In the shipping documents it was declared that the goods are food items but it turned out to be incorrect and the goods imported were electrical items in commercial quantity. On the above disclosure, the Nigerian High Commission disowned the consignment. The goods were thus confiscated.
ABN Shipping Service Co (LLC), now claiming to be the owners and exporters of the consignment, have taken the plea that the goods have been wrongly shipped therefore be returned back to the exporters.
Mr. Shakeel Ahmed, learned counsel for the respondents No. 2 to 4 has pointed out that actual exporter in Goods Declaration is M/s City Breeze International LLC which company has not come forward to raise any claim to the shipped goods and this petition is liable to be dismissed on this very ground. From the very name, it appears that petitioner is engaged in the business of shipping and the goods have been exported by M/s City Breeze International LLC. Hence ABN Shipping Services Co LCC cannot raise any claim to the goods. The question of entitlement of the exporter in the circumstances would have been decided on merits by the Customs Authorities, had the actual exporters raised any claim to the goods. In the case in hand, the petitioner is not exporter of the goods in question, hence this petition is dismissed alongwith the listed applications
Judge
Judge
Samie ++