KARACHI: The Sindh High Court (SHC) issued notices to customs department and deputy attorney general on a petition filed by M/s N.S Enterprises seeking release order of its imported consignment of 22600 kilogram of frozen beef white long cut & 2400 kilogram of frozen lamb feet of France origin at $0.02/ kilogram from Nicosia Cyprus.
During the hearing of petition, a two-member bench, headed by Justice Aqeel Ahmed Abbasi directed them to file their para wise comments on next date of hearing.
On December 10, 2018, counsel for the petitioner stated in his constitutional petition that during the course of his business activities, he imported the above-mentioned consignment and filed goods declaration according with law, and goods declaration was referred to examining officials posted at terminal, which conducted the examination as per examination manual and found the goods as per declaration.
Counsel further argued that goods declaration referred to assessing officer, who passed assessment order for levy of duty and taxes with the application of the value of identical similar goods available in the dated reserboir contained by PRAL rules 110 of the period given in rule 107 (a) of the rules i.e. $0.90/kg and thereafter transmitted view message dated 12.12.2017 for uploading of NOC of animal quarantine department, ministry of national food security & research as warranted in SRO 1067 (1)/ 2017 dated 20/10/2017.
He further argued that petitioner approached the respondents for issuance of the certificate in which he submitted additional guarantee certificated issued by the concerned veterinary authorities despite not warranted under the import policy order, however, respondents regretted on erroneous premise that import of live bovine animals, their meat and meat product is banded from France due to risk of Bovine Spongiform Encephalopathy.
Citing Secretary Ministry of Commerce & Textile, Secretary Ministry of National Food & Security & Research, the Quarantine Officer Animal Quarantine Department, the Collector of Customs Appraisement East as respondents, he pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Importer also pleaded the court may declare that issue delay and detention certificate under Section 14A (2) in duplicate to the petitioner for submission with the shipping company and terminal for waiver of accumulated container detention/rental and terminal demurrage/ storage charges due to unlawful holding of consignment by the respondents.
