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Petitioner: Mian ABDUR REHMAN VS Respondent: GOVERNMENT OF PAKISTAN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: Mian ABDUR REHMAN vs GOVERNMENT OF PAKISTAN Case No.: Civil Petition No,1148 of 1981 Date of Judgment:1988-07-20 Reported As: 1989 SCMR 1109 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by an importer against the levy of custom duty at a certain rate; and consequential dismissal of his writ petition, in this behalf. ' Learned counsel has taken us through the impugned judgment and the record at pages 28 and 47 (Paper Book) - the bills of entry regarding the commodity in question (Urea Moulding Compound); one, relating to the petitioner's import, and the other, relating to the import by a third party Qureshi Enterprises. In petitioner's case the duty has been charged at the rate of 120% while in the case of Qureshi Enterprises it has been charged at the rate of 40%. Learned counsel contended that such discrimination was not permitted by law. And the High Court's judgment besides being erroneous on other points, suffers from legal infirmity that after having noted the point it has not dealt with it. In order to satisfy ourselves with regard to the question whether the respondent/department had any good answer regarding the disparity, learned counsel drew our attention to their reply in this behalf; which having been perused, has not been found to be entirely satisfactory. Leave to appeal accordingly is granted. ' Security Rs,5,000. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.