Suit 534/2008 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2017 · Before Muhammad Faisal Kamal Alam

[Independent Newspapers Corporation (Pvt.) Ltd. and another v. Chairman, Fourth Wage Board and Implementation Tribunal for Newspaper Employees and others] Law under discussion: 1. Constitution of the Islamic Republic of Pakistan, 1973.

2. Customs Act, 1969.

3. Law of Torts.

4. Limitation Act, 1908 (“Limitation Law”).

5. Civil Procedure Code, 1908 (“CPC”)

6. General Clauses Act, 1897. J U D G M E N T Muhammad Faisal Kamal Alam, J.: - Present suit has been filed against the Defendants, who are all Officials of Customs Department, 2 except Defendant No.1, the Federation of Pakistan. Plaint contains the following prayer caluse(s)_ “a) That the consignment covered by Bill of Entry bearing Bond Execution No.B-312/7/81/2003/PB dated 7.7.2003 consisting of 960 Cartons of Blue Cow brand Sweetened Condensed Filled Milk valuing US$ 14820/- equivalent to Pak Rs.8,74,653/- when stored in bonded warehouse was valid for consumption upto 15.04.2004 and was imported in accordance with the law. b) Declare that defendants action in with-holding clearance of goods on exbond Bill of Entry filed by Plaintiff on 06.10.2003 which caused total loss of goods was accessioned by gross negligence or willful act of defendant officers. c) Declare that the defendants are liable to pay damages claimed by Plaintiff in a sum of Rs.15,58,325.37/- caused in the result of the goods becoming unfit for human consumption and bank mark up on the aforesaid amount at 1.5% per month from 08.04.2006 till the date of actual payment. d) Any other relief which this Honourable Court deems fit and proper in the circumstances of the case.”

2. On issuance of summons, the matter was initially contested by the Defendants by filling their exhaustive Written Statement, in which the claim of the Plaintiff has been denied.

3. On 13.12.2010, the following Issues, proposed by the Plaintiff, were adopted by the Court_ “1. Whether Cow Brand Condensed Milk of Singapore origin packed in 960 Cartons was valid for home consumption and still had 6 Months and 10 days in its expiry at the time when these were warehoused in Bond under Customs custody and control pending clearance upon payment of taxes? 3

2. Whether Show Cause Notice was issued on 30.03.2004 after 5 Months and 24 days of filing of exbond bill of entry for its clearance, when expiry for consumption of condensed milk was due on 15.04.2004?

3. Whether Show Cause Notice dated 30.03.2004 alleged that the consignment is a „REIMPORTED CONSIGNMENT? 3A. whether suit is barred by Section 217 of Customs Act?

5. Whether reply to Show Cause Notice produced the Quarantine Certificate No.53 to identify and confirm the description of imported goods?

6. Whether three identical consignment of the other importers between the period from 6.10.2003 (date of plaintiff‟s filing of exbond bill of entry) and 12.4.2004 (date of Judgment of order in original) were cleared by Defendants without any objection?

7. Whether Order in original was issued on 13.03.2004, received by Plaintiff on 16.4.2004, whereas the condensed milk in Bond had already expired for consumption on 15.04.2004?

8. What should the decree be?”

4. Despite opportunities, the Defendants did not lead the evidence, as is also reflected from the Final Report submitted by the learned Commissioner on 23.04.2014, which was taken on record on 29.09.2014 but without any objection from the either side.

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