KARACHI: The Sindh High Court (SHC) directed officials of customs department to file their para wise comments on a constitutional petition filed by Faheem Ahmad an importer against detention of its imported motor oil, grease motor oil, base oil, grease in question in the light order in customs appeal passed by the customs appellate tribunal Karachi in favor of the petitioner accordance with law.
On 13 August 2020, a division bench also issued notices to deputy attorney general and directed to file comments from Ministry of Finance on next date of hearing.
During the hearing, counsel for the importer Shaikh Faheem Ahmed states that petitioner is law abiding and peace loving citizen of Pakistan and he attends the notables respect in the society and known as one of honest person and respectfully submitted here under for your kind consideration and just orders against the respondents and his subordinates who refused to release the goods motor oil, grease motor oil, base oil, grease in question in the light order in customs appeal passed by the customs appellate tribunal Karachi in favor of the petitioner accordance with law.
He submitted that petitioner is suffering since 2015 despite the order passed by the customs appellate tribunal and the value of the goods is deteriorating day by day.
He argued that there is no stay against the goods of the petitioner and the said goods in the only source of income of the petitioner, the petitioner is lonely bread earner his large family members and the act of the refused release of the goods by the respondents is ultra-viral and the violation of articles for 4, 24, 25 of the constitution of Islamic Republic of Pakistan.
Citing secretary Ministry of Finance and Director Intelligence & Investigation-FBR Anti-Smuggling Customs as respondents, petitioner pleaded the court to declare that act of the respondents detaining the goods of the petitioner is illegal, ultra viral and without lawful authority especially in presence of the valid documents.
He further pleaded the court to declare that the act of the respondents against the petitioner is violation of article 4, 24 and 25 of the constitution of Pakistan and direct them to release the goods of the petitioner to save the petitioner from misappropriation and misused of said goods by the officials of respondents for their personal needs, petitioner is prepare to furnish a solvent surety for interim custody.
