JAPAN SHIPPERS Versus DEPUTY COLLECTOR OF CUSTOMS (APPRAISEMENT)

1. NASIR ASLAM ZAHID, J.‑ ‑This petition is fixed today for hearing of the stay application (Misc. No. 1384/87) but, with the consent of learned counsel for the parties, hearing of the main petition is also taken up.

2. In this petition, the petitioner, a licensed customs agent, has challenged the order dated 24‑5‑1987 or respondent No.2, Assistant Collector of Customs (Appraisement) Karachi purporting to be acting for respondent No.l, Deputy Collector of Customs (Appraisement) who is the Licensing Authority under the Customs Agents (Licensing) Rules 1971. By the impugned order, the licence granted to the petitioner has been suspended with immediate effect under rule 21 of the Licensing Rules of 1971. The impugned order has been attacked A mainly on two grounds, namely, that the order has been passed by the Assistant Collector of Customs, who is not the Licensing Authority and secondly that the licence of the petitioner has been suspended without any show‑cause notice.

3. Mr. Imamally Kazi, learned Deputy Attorney‑General, appearing for the respondent, very fairly and frankly, conceded that the impugned order cannot be sustained as the same violates the principles of natural justice. In fact the learned Deputy Attorney‑General informs that a ,proper show‑cause notice has now been given to the petitioner and further proceedings will be taken by the Licensing Authority in accordance with law and the applicable rules.

4. In the circumstances, the impugned order dated 24‑5‑1987 suspending the Customs licence of the petitioner is declared to have been passed without lawful authority and to be of no legal effect. The Licensing Authority is, however, free to take action against the petitioner in accordance with law and the applicable rules.

5. Misc. 1384/87 has become infructuous as final relief has been granted to the petitioner.

6. There shall the no order as to costs.

7. S . Q . /J‑30 / K Petition accepted.