MUHAMMAD ZAMAN versus COLLECTOR OF CUSTOMS

Section P The applicant government imports second-hand machinery goods after obtaining an objection certificate from Pakistan and no objection certificate has been strictly imported for such goods, and the applicant is responsible for such allegations. Provides details of the goods and such charges are not challenged to the Controller of Import and Export, however the issuance of the letter is not to deny the land of imported goods covered by the NOC but to the whole new land of goods. Disappearance of Capital Goods and Machinery: Applicant cannot be charged that door to door Plaintiff does not comply with any objection certificate already given to him by the Government.

1981CLC 991

[Karachi]

Before A .H. Memon and S. A. Nusrat, J

MUHAMMAD ZAMAN‑Petitioner

versus

COLLECTOR OF CUSTOMS AND OTHERS‑ Respondents

Constitutional Petition. 1842 of 1979. decided on 11^th March. 1980,

Imports and Exports (Control) Ant (XXXIX of 1950)--------

--------S. 3‑‑Petitioner importing second‑hand machinery equipment after obtaining No‑Objection Certificate from Government of Pakistan and No‑Objection Certificate specifying details of such equipment Peti tioner slating goods having been imported strictly to such specification and such allegation not challenged‑Controller of imports and Exports however issuing letter of refusal not on ground of goods imported being not covered by NOC but on entirely new ground of goods being not capital goods and machinery‑‑Held : Petitioner cannot be blamed for having imported machinery in accordance with No Objection Certificate already granted to him by Government, itself.

Hashmat Ali Habib for Petitioner.

S. Ahmed Hasnain for Respondents. Nos. 1 and 2.

Zahiruddin Khan for Respondent No. 3.

Date of hearing : 11th March, 1980,

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