Summary: A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Abdul Maalik Gaddi, has pronounced the judgment on 06.08.2020 in the case of Dewan Motors (Pvt) Ltd. and others v. Federation of Pakistan & others (along with connected petitions), wherein, the Hon'ble bench of Sindh High Court has been pleased to dispose of all the petitions in the following terms:-"(i)The impugned sub-section (2) of Section 221-A of the Customs Act, 1969, as added vide Finance Act, 2018, is ultra vires to the Constitution of Islamic Republic of Pakistan, 1973, as through impugned amendment the legislature has attempted to validate constitutional defect while making amendment in sub-section (3) of Section 18 of the Customs Act, 1969, and issuance of SRO 1035(I)/2017 dated 16.10.2017, through Finance Act, 2017, however, without making the required constitutional amendment.(ii)The Regulatory Duty charged and collected pursuant to amendment in sub-section (3) of Section 18 of the Customs Act, 1969, and issuance of SRO 1035(I)/2017, through Finance Act, 2017, has already been declared by the Divisional Bench of this Court in the case of Premier Systems (Pvt) Ltd. v. Federation of Pakistan and others (2018 PTD 861), as illegal and unconstitutional in the light of judgment of the Hon'ble Supreme Court of Pakistan in the case of Mustafa Impex, Karachi & others vs. The Government of Pakistan & others, (PLD 2016 SC 808), therefore, in the absence of any constitutional amendment, cannot be validated through subsequent amendment in law, while giving it retrospective effect in respect of past and closed transaction, therefore, no Regulatory Duty can be charged, collected or recovered for the period starting from the date of commencement of Finance Act, 2017 till the date of commencement of Finance Act, 2018. .

Summary: Bail granted---Background:The case involves a criminal petition (No. 500 of 2020) brought before the Supreme Court of Pakistan, challenging an order dated 15.4.2020 passed by the Peshawar High Court Bannu Bench in Crl. Misc. No.BA No.142-B/2020. The petitioner, Kamran Ullah, sought relief against his detention in connection with a murder case.---Issues:Whether the evidence collected by the prosecution is sufficient to establish the petitioner's culpability in the murder.Whether the petitioner is entitled to bail under subsection 2 of section 497 of the Code of Criminal Procedure 1898.---Holding/Reasoning/Outcome:The court noted the absence of digital proof linking the petitioner to the crime, particularly regarding the connection between the deceased and the recovered cell phone handsets. The prosecution lacked evidence to establish a definitive link between the petitioner and the deceased. Therefore, the evidentiary value of the prosecution's evidence was yet to be determined in a trial court.Despite the seriousness of the allegations, the court found that the petitioner's case fell within the scope of subsection 2 of section 497 of the Code of Criminal Procedure 1898, which pertains to bail. Therefore, the court allowed the petitioner's appeal and ordered his release on bail upon furnishing bonds in the specified amount.Citations/Precedents:Code of Criminal Procedure 1898, Section 497, Subsection 2

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending