KARACHI: The Sindh High Court (SHC) directed customs officials to ensure filing their respective para wise comments on a constitutional petition filed by M/s Ali Muhammad Brothers, M/s Haji Muhammad Enterprises and M/s Global Trading Co seeking provisional release of their consignments comprising low end brand shoes, slippers, chappals and joggers etc.
On 15 October 2020, Ghulam Hyder Shaikh advocate appeared on behalf of the petitioner and argued that petitioners are engaged in lawful import of shoes of low end brands inter alia, including low end brand shoes, slippers, chappals and joggers etc from various sources around the world.
Counsel submitted that petitioners are aggrieved and prejudiced by the illegal and mala fide action of the customs officials whereby, the valuation ruling bearing no 1466/2020 dated August 24, 2020 whereby values of shoes were unilaterally enhanced and fixed exorbitant values.
He further submitted that it was to the utter shock of the petitioners, after multiple letters and meetings and communicating the orders of the court, the goods declarations of the petitioner have been denied provisional release of the consignments under section 81 of the customs act 1969 without assigning any reason.
Citing chairman FBR, chief collector of Customs South Appraisement, collector of Customs Appraisement East, West, Port Muhammad Bin Qasim and DG Valuation as respondents, petitioners pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Petitioners further pleaded the court to declare that the respondents are liable to release the pending consignments and future consignments of the petitioners on the declared value or by securing differential amount as per SHC order during pending hearing of the mail petitioner under section 81 without any discrimination and set aside the impugned valuation ruling bearing no 1466/2020 to the extent of petitioners goods and declare that the same is against the dictates of law, natural justice and constitution of Pakistan, 1973.
