KARACHI: A constitution petition filed by a Custom Clearing agent Alam Khan against forfeiture of Security Deposit (SD) was dismissed here Thursday by a divisional bench of High Court of Sindh (SHC) comprising Chief Justice Sajjad Ali Shah and Justice Zulfiqar Ahmed Khan.
Shakeel Ahmed advocate counsel for the petitioner challenged the forfeiture of SD along with profit on the principle amount of SD. Admitting the default on part of the petitioner, he prayed to the court to consider the circumstances in which first license was suspended and then revoked. As the ID was blocked petitioner was out of business. He said that if the license is issued and three days are given, petitioner is ready to pay the default amount of rupees 0.45 million including penalty. He said that only remedy available to him is by way of this petition.
The court then inquired that under what rules the deposit was made and in what form or manner. Kashif Nazeer advocate along with Ilyas Ahsan, law officer of the Pakistan Customs said that deposit is made under section 95 of the Rules. The deposit is in the form of the Defence Saving Certificates , the court was told.
The bench noted that petitioner failed to respond to the notices including a show cause issued by the custom authorities and responded only when attachment was ordered. It means you were never interested in getting your license back, the bench said dismissing the petition on merit.