KARACHI: The Sindh High Court (SHC) directed the tax authorities to file their respective para wise comments on a constitutional petition filed by Nadeem Khan seeking release order of its consignment of two old and used Hino Prime Movers seized by customs authorities in respect of allegedly imported banned items.
A two-member bench, headed by Justice Munib Akhtar was hearing the petition. During the hearing, Ms. Masooda Siraj advocate filed power on behalf of the customs department and requested the court for time to file para wise comments, therefore, court granted time and adjourned the hearing for December 29, 2016.
Earlier, counsel for the petitioner stated in his constitutional petition that petitioner is doing construction business all over Pakistan and for that purpose, regularly import different types of construction machinery.
According to the petitioner, he purchased two old and used Hino Prime Movers from Ireland and when goods were shipped from the port of Dublin Ireland to Port Muhammad Bin Qasim Karachi, petitioner filed goods declaration and paid duty and taxes accordingly, however, a show cause notice was issued to him and officials of the customs department informed the importer that petitioner had imported banned items and had mis-declared the description of goods and seized the same.
Being aggrieved, petitioner approached the appellant tribunal which allowed the appeal of the importer and directed the custom authorities to issue delay certificate and release the consignment, however, officials of the custom department are not obeying order of the tribunal.
Citing Sectary Revenue Division, Collector of Customs Model Customs Collectorate Port Muhammad Bin Qasim, Additional Customs Collector of Custom Model Customs Collectorate Port Muhammad Bin Qasim, Deputy Collector of Customs Model Customs Collectorate Port Muhammad Bin Qasim and others, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary, he also pleaded the court may direct them implement order of the tribunal and issued delay certificate to the importer.
