KARACHI: The Sindh High Court (SHC) has directed the Pakistan Customs to implement the Customs Appellate Tribunal’s verdict that ordered release of M/s Thara International’s confiscated wheat for re-export to Ukraine.
A division bench of the SHC gave these directives at the request of the petitioner’s counsel who sought implementation of the tribunal’s order. It also directed the tribunal to decide the petitioner’s another appeal within four weeks.
M/s Thara International submitted that it imported a consignment of wheat from Ukraine in September 2014, which was illegally confiscated by the customs staff on the ground that the wheat is contaminated and not fit for human consumption.
The counsel for the petitioner said that the Customs Adjudication issued Order-in-Original, ordering confiscation of 57 containers stuffed with the wheat. Aggrieved by the ONO, he said, the importer filed an appeal against it before Collector of Customs (Appeals) which decided in importer’s favor and allowed it to send the contaminated wheat back to the supplier subject to permission of the Ministry of Commerce.
Subsequently, the counsel said, the petitioner approached the ministry concerned to seek its permission and through letter dated March 2015, it granted the petitioner’s plea for re-export of the wheat. Nevertheless, the customs authorities are not releasing the wheat for its export, he complained.
He lamented that the customs officials are not even releasing the empty containers due to which charges are incurring with each day. He said that the importer also filed two appeals before the Customs Appellate Tribunal against the customs department out which one has been decided in petitioner’s favor. However one is still pending disposal.
The counsel told the judges that the customs officials taken random samples of the wheat for examination in absence of officials of the Plant Protection Department and representatives of the importer and sent them to the laboratory for testing and, resultantly, it found that the wheat is contaminated and unfit for human consumption.
He requested the Court to order the customs authorities either to seek assistance from the Plants Protection Department for fumigation and re-testing of the wheat or release the seized wheat so that it could be exported to the supplier. The Court was further requested to order the authorities to release the empty containers.
