KARACHI : A full bench of Supreme Court of Pakistan comprising Chief Justice Mian Saqib nisar, Justice Umar Ata Bandial and Justice Faisal Arab remanded a case to Sindh High Court for a re-hearing with due notice to the appellant Customs department.
The bench was hearing an appeal filed by Secretary Commerce & Textile Industry, Collector Customs, MCC East against Haji Abdul Raziq Khan, importer/respondent/petitioner in a case of import of 22 sprinkler lorries.
According to details the respondent entered into an agreement on 9-1-2013 with Al Wazir Auto parts LCC, Dubai for import of 2000 sprinkler lorries. An LC was opened 15-1-2013. 22 lorries were imported and were at port when the government imposed a ban and modified the import policy on 8-3-2013.
The petitioner challenged the new policy before Islamabad High Court (IHC) maintaining that the ban was imposed after he entered into agreement with Dubai based company and thus his imports do not fall under ban as it was not with retrospective effect.
The IHC dismissed the petition against which an intra-court appeal was also filed which too was dismissed. Meanwhile a division bench of High Court of Sindh allowed release of the 22 sprinkler lorries lying at Karachi Port on the basis of a statement made by a Standing Council appearing for the appellant Ministry of Commerce.
The counsel for appellant submitted before the apex court that department was not put on notice in this case and statement by Standing Council was unauthorized .
The Supreme Court full bench after detailed hearing remanded the case back to SHC directing that appellant department be given due notice and case be decided on merits.