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Constitutional Petition No.121 of 1987, decided on 24th March, 1987.

----Ss.16, 32 & 156--Imports and Exports (Control) Act (XXXIX of 1950), S.3--Constitution of Pakistan (1973),Art.199--Grievance, absence of--Maintainability of constitutional petition--Import of goods--Bulk of goods cleared by authorities without protest of petitioner--Part of goods remained to be cleared--No order yet passed by authorities with regard to payment of duty on remaining goods- Held, there being no order in existence which could be declared to be without lawful authority, constitutional petition claiming concession in duty, was dismissed as premature.

S.Raza Abbas Naqvi for Petitioner.

Akram Ali Kazi, Deputy A.-G. (on Court's notice).

.--This petition is not showing as to what is the actual impugned order passed by the Customs authorities in respect of these goods for the purpose of charging duty. There is a general allegation that the duty has been charted in the earlier consignments without the concession in duty being allowed. However 183 tons of goods have been cleared by the petitioner without any protest and now only 25 tons are remaining. This petition is premature. The petitioner has first to approach Authorities and seek clearance of the goods and in case the Customs Authorities seek to charge more than the duty which is legally payable by the petitioner then the petitioner will have the actual grievance and not before it. There is no order in existence at present which we could declare to be without lawful authority, past and closed transactions are not before us.

Consequently, this petition is dismissed as pre-mature. The Miscellaneous Application is also dismissed. Mr.Imam Ali Kazi. D.A.G. is present on Court notice.

A . A . /E-7/ K Petition dismissed.

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