KARACHI: The Sindh High Court (SHC) sought comments from customs department and deputy attorney general of Pakistan on several constitutional petitions filed by including M/s Bismillah Logistics Pvt Ltd seeking their imported vehicles seized by customs department.
On 4 February 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioners stated that M/s Bismillah Logistics Pvt Ltd has imported Toyota Mark-X Car bearing registration number no: BT-448 which is seized by Directorate General, Intelligence and Investigation FBR.
Counsel argued that collector of Customs Adjudication-I passed order in favor of the petitioner accordance with law, however, despite clear direction of appellate forum, customs officials refused to release said vehicle, petitioner is suffering due to the illegal act of the customs officials which is the clear violation article 4,18,24,25 the constitution and there is no other remedy available accept to file this petition before the court.
Citing secretary Ministry of Finance and Director, Directorate General, Intelligence and Investigation FBR as respondents, petitioners pleaded the court may declare that act of the respondents, detaining the vehicle of the petitioners is illegal, ultra viral and without lawful authority especially in presence of the valid documents and valid registration books.
Counsels further pleaded the court to direct them to provisionally release the vehicle of the petitioners to save the petitioners from misappropriation and misused of said vehicles by the officials of respondents for their personal needs, petitioners are prepare to furnish a solvent surety for interim custody.
Importers also pleaded the court may restrain them from taking any coercive action against the petitioners till final order in pending constitutional petitions.
