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MUNICIPAL COMMITTEE FAISLABAD versus BURMA SHELL OIL STORAGE AND DISTRIBUTION


Article 2 (185 (ro)) on the facts and matters related to it and the law, it may be presumed that the area of Faisalabad Municipal Committee was charged with selling imported goods there, especially when it was alleged. The goods were first unloaded and stored in the area, and then loaded into different trucks and tankers at a location and transported to the importing agents so that they could be transported to the destination.
1986 S C M R 1475

Present: Karam Elahee Chauhan and Nasim Hasan Shah, JJ

MUNICIPAL COMMITTEE, FAISLABAD‑‑Petitioner

versus

BURMA‑SHELL OIL STORAGE AND DISTRIBUTION COMPANY Ltd.‑‑Respondent

Civil Petition for Special Leave to Appeal No. 564 of 1976, decided on 24th October, 1981.

(On appeal from the judgment and order of the Lahore High Court, dated 27‑1‑1975, in W.P. 207 of 1965).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Octroi‑‑Leave to appeal granted to consider whether on facts and in circumstances of case and law relevant, it could be held that goods imported within territorial limits of Faisalabad Municipal Committee were "imported for sale therein" particularly when it was alleged that those goods were first unloaded and stored in that area, and thereafter loaded and delivered in different trucks and tankers etc. to importer agents at a place outside those limits for being taken to their further destination.

Ijaz Hussain Batalvi, Senior Advocate Supreme Court with S. Wajid Hussain, Advocate‑on‑Record for Petitioner.

Shahzad Jahangir, Advocate Supreme Court with M.D. Chaudhary, Advocate‑on‑Record for Respondent.

Date of hearing: 24th October, 1981.

ORDER

NASIM HASAN SHAH, J.‑‑

Leave is granted to consider whether on the facts and in the circumstances of the case and the law relevant, it can be held, that the goods imported within the territorial limits of Lyallpur, Municipal Committee, were "imported for sale therein", particularly, when it is alleged that those goods were first unloaded and stored in that area, and thereafter loaded and delivered in different trucks and tankers etc. to the importer's agents at a place outside those limits, for being taken to their further destination. Security Rs.2,000. Case to be made ready on the present record on a very early date with liberty to the parties to file such documents on which they wish to rely.

M.I. Leave Granted.

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