KARACHI: The Sindh High Court (SHC) has directed the tax authorities not to take any coercive action against petitioners on two constitutional petitions filed by Orient Electronics (Private) Limited and Mumtaz Hussain, seeking release order of truck/ trailer along with 220 units of Mitsubishi air conditioners.
A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir heard the petitions. During the hearing counsel for the petitioners requested the court to grant interim relief for filing appeal before Customs Appellate Tribunal.
On the previous hearing, Intelligence & Investigation Deputy Director Dr Sadia Sadaf had filed a rejoinder from DG, Intelligence and Investigation – FBR’s side in which she informed the court that 220 units of Mitsubishi air conditioners (made in Thailand) were smuggled and were liable to be confiscated. However, the petitioner, Orient Electronics (Pvt) Limited produced irrelevant import documents to give legal cover to the smuggled air conditioners.
She further informed the court that proceedings are pending before the collector of Customs Adjudication – I, therefore, petitioner is required to avail the said remedy available to it. She pleaded the SHC that the petitions may be dismissed along with listed applications.
Earlier, counsel for the petitioners stated in two separate constitutional petitions they booked a container of 220 units of Mitsubishi air conditioners (indoor & outdoor units) from the factory of M/s Orient Electronics, Lahore to be delivered to M/ s Abbas Traders at Karachi through public carrier vehicle Nissan Trailer bearing registration number TLF-369 against a proper delivery.
According to the petitioners, however, officials of the customs authorities intercepted the trailer vehicle on April 5, 2016 when it was about to unload the cargo at the Abdullah Haroon Road, Saddar Town, Karachi. He argued that driver of the vehicle produced all relevant documents, but respondents alleged that goods were smuggled and demanded unjustly, unfairly and with ulterior motives the import documents and proof of payment of duties.
Citing chairman Federal Board of Revenue (FBR), Collector of Customs Adjudication-I, Director General of Intelligence and Investigation – FBR as respondents, the petitioners pleaded that the SHC may direct the respondents to release the truck along with 220 units of indoor and outdoor splits air conditioners.
