KARACHI: The Sindh High Court (SHC) has extended the interim order for November 15, 2016 on a constitutional petition filed by Abdullah seeking release of 60,000 litters high speed diesel which was auctioned despite the court’s restraining orders.
A two-member bench, headed by Justice Irfan Sadat Khan, was hearing the petition. During the hearing, counsel for the petitioner requested time to file comments, therefore, the court granted him time and adjourned the hearing for November 15, 2016.
It needs to be pertained here that, on last date of hearing, incharge State Ware House, Model Customs Collectorate, Hyderabad had filed reply in which he had informed that it is worth mentioning here that 60,000 litters HSD Oil and Hino Oil Tanker bearing registration number TLE-229 have deposited in state ware house, Hyderabad by anti-smuggling squad dated 29/04/2015. Model Customs Collectorate, Hyderabad issued a notice under section 201 of Customs Act, 1969 on 05/05/2015 before auction of the said HSD and after approved of the competent authorities the same HSD Oil was auctioned at @ 62/- per litter to M / S Kepler Petroleum Pvt Ltd.
After hearing court had directed The Collector of Customs, Hyderabad to appear in person along with relevant record and prepare explanation as why court order appears to have been violated. Court had also warned that in case he will not attend then court may adopt coercive means to ensure his attendance.
Earlier, counsel for the petitioner stated that officials of the customs authorities had sent a letter to the petitioner dated 28/04/2015 that the subject property has been seized on a belief that it may have been smuggled into Pakistan however, as is evident from the contents of the said letter, no grounds of seizure have been mentioned.
Citing Secretary Ministry of Finance, Chairman Federal Board of Revenue (FBR), Model Customs Collectorate, Hyderabad and others as respondents, Petitioner stated that despite court had passed restraining order, the officials of the respondents auctioned the same, and therefore, court may start contempt proceedings against the contemptuous.
