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IHC restricts DG I&I from cashing post-dated cheques of M/s Hunbal Tex Pvt Ltd

IHC restricts DG I&I from cashing post-dated cheques of M/s Hunbal Tex Pvt Ltd

ISLAMABAD: Islamabad High Court has disposed of the writ petition preventing the Directorate General Customs Intelligence and Investigation Rawalpindi from cashing the post-dated cheques until final decision is made.

However, the court also ordered that show-cause notices issued to M/s Hunbal Tex Pvt. Limited may continue.

According to details, the case submitted by M/s Hunbal Tex Pvt Limited against the Directorate General Customs Intelligence and Investigation Rawalpindi was heard by Justice Mian Gul Hassan Aurangzeb.

During the hearing of the case, the petitioner argued that it is a private limited company incorporated under the company laws of Pakistan and the instant petition is being filed as an essential component (reactive dyes) used in textile industry for painting of fabric through airfreight initially held illegally by customs authority at the AFU Islamabad for about three months after having been finally released by AFU authorities again blocked by Customs I&I for about 15 days without issuing any notice under section 171 of the Customs act 1969.

The petitioner sought indulgence of this to the extent of non-action of the Directorate-General Customs Intelligence and Investigation Rawalpindi on the provisional release and the grave abuse of the power by the Directorate-General Customs Intelligence and Investigation Rawalpindi.

The court heard both the parties and ordered that it is an admitted position that the petitioner was able to secure the release of the detained goods on the presentation of the post-dated cheques. A show-cause notice has already been issued to the petitioner; however, the matter is yet to be decided by the Directorate General Customs Intelligence and Investigation Rawalpindi.

Meanwhile, after brief submission for the contesting parties arrived at the consensus to the effect that the proceeding pursuant to the show-cause notices issued to the petitioner may continue but the post-dated cheques furnished by the petitioner shall not be encashed until a final decision is made Directorate General Customs Intelligence and Investigation Rawalpindi in accordance with the law laid down by this court in the writ petition no. 1026/2017.

The court has disposed of the writ petition and ordered that the show cause notices issued to the petitioner may continue but the post-dated cheques furnished by the petitioner shall not be encashed until a final decision is made Directorate General Customs Intelligence and Investigation Rawalpindi.