KARACHI: LaGuardia Logistic Private Limited has approached the Sindh High Court (SHC) and filed a constitutional petition against detention of 49,125 liters jet fuel (JP-8 Type Fuel) sold by PSO to Nordic Camp Supply to be delivered to ISAF/NATO at Kandahar, Afghanistan.
On 17 January 2020, counsel for the petitioner stated in its petition that petitioner undertook to transport 49,125 liters of JP-8 Type Fuel (the said fuel or alternatively the said consignment) sold by PSO export to Nordic Camp Supply to be delivered to ISAF/NATO at Kandahar, Afghanistan.
He submitted that consignment being meant for export and thus subject only to the payment of sales tax, which was paid alongside the consideration price thereof, the petitioner, on the basis of the sales tax invoice and application-cum-transport permits, applied to the third respondent for permission to transport the consignment in terms of the procedure laid down in SRO 943(I)/2007. The said consignment. Laden on oil tanker no TLA-706 was dispatched on June 20, 2019 for delivery in Afghanistan via Chaman Border.
He further submitted that before reaching Chaman, the said oil tanker had on account whereof insubstantial quantity of the said fuel was leaked but to avert further losses the balance quantity was loaded onto another oil tanker, which, under instructions from the respondent’s staff was removed to the NLC Yard, Chaman Customs, where the fuel quantity was measured and secured as per the procedure and the law. Pursuant to the referred instructions, the incident was reported to the third respondent vide letter dated June 29, 2019 and thence the FIR dated July 06, 2019 was also gotten lodged with the levies police station at Chaman.
Counsel argued that subsequent to fulfillment of formalities, vide letter dated Nov 08, 2019, the petitioner sought release of the said oil tanker and the consignment but to no avail insofar as no action has been taken upon such request and in the meanwhile the Afghanistan-based buyer has conveyed to the petitioner through email that the said fuel having been rendered off-specification, its delivery would not be accepted and thus raid credit not dated Dec 20, 2019 against the petitioner in the sum of US$ 35,261.93, equivalent to the price paid by them to Pakistan State Oil.
Citing Sectary Revenue Division, Collector of Customs Appraisement and Deputy Collector Preventive Oil Section as respondents, petitioner pleaded the court may declare that detention of the oil tanker and the consignment of jet fuel loaded thereon by the respondents is outright illegal, without jurisdiction and mala fide and to direct them to release the same forthwith.
