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Petition No. 171 of 1972, decided on June, 1981.
‑ Art. 199 (a) (ii)‑Disputed question of fact‑Question whether goods in dispute fall within classification for which licence issued or soma other classification ‑A question of fact and its determination within jurisdiction of custom authority‑Both classifications covering imported goods an attempt to decide such question of fact in writ proceedings, held, improper.‑.[Question of fact].
----- Art. 199 (a) (li)‑Lawful authority‑Petitioners having previously contended not to have imported goods of different nature intention a11y than those covered by licence‑‑Petitioners, held, cannot be allowed at writ stage to plead a different case and argue that goods conform to and fall within classification for which licence issued‑Impugned orders having been passed in exercise of lawful authority, not illegal or without jurisdiction merely because of quantum of fine imposed being different from that in similar cases.
Nafisuddin and Abdul Hamid for Petitioners.
Hamid Hussain for Respondents.
Date of hearing : 4th November, 1980.
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