SHAMSHUL HAQ Versus GOVERNMENT OF PAKISTAN

1. NASIR ASLAM ZAHID, J.‑‑‑ It is informed by Mr. Nasim A. Farooqui for the petitioner that the main contention in this petition on behalf of the petitioner was that section 31‑A added in Customs Act, was ultra vires of the Constitution. However, according to the learned Counsel, there are several decisions of this Court including the following in which it has been held by this Court that the aforesaid provision is valid and not ultra vires of the Constitution:‑

(a) Yasin Sons v. Federation of Pakistan (PLD 1989 Kar. 361).

(b) Akhlaq Ahmed v. Federation of Pakistan (1989 CLC 1475).

(c) AI‑Noor Textile Mills Ltd. v. Superintendent, Central Excise & Land Customs (unreported decision dated 12‑12‑1989) (1990 MLD 914)

2. According to the learned counsel, the present petition is covered by the decisions in the aforesaid judgments of this Court. Mr. Nasim A. Farooqui states that, if instructed, he will take the matter before the Supreme Court as leave to appeals have been granted in certain other matters filed by the learned Counsel. Agreeing with the decisions in the aforesaid judgments, we find that there is no merit in this petition which is accordingly dismissed with no order as to costs.

3. H.B.T./S‑799/K Petition dismissed.