KARACHI: A division bench of Sindh High Court (SHC) directed customs officials to file their respective para-wise comments on a constitutional petition filed by M/s Zarif Khan Hussain Zai & Brothers against detention of its two used Hino concrete transit mixer trucks YOM 2012, imported in terms of Paragraph 9 (ii)(5) of import policy order notified vide SRO 345(i)/2006.
On 16 November 2020, a two-member bench, headed by Justice Junaid Ghaffar heard the matter.
During the hearing, counsel for the petitioner stated that in series of consignment, the petitioner as per their business routine has imported two used Hino concrete transit mixer trucks YOM 2012, in terms of Paragraph 9 (ii)(5) of import policy order notified vide SRO 345(i)/2006 to import old and used specialized construction machinery including concrete transit mixer trucks classifiable under PCT heading 8705.4000.
He further stated that after physical examination, that vehicles had been found to be not importable being more than five years old on the basis of information downloaded from a website without consider the pre-shipment inspection company’s report along with the petitioner contentions, the staff of the respondents made out the contravention case and issued the show cause notice to the petitioner alleging that pas per seat belt of the vehicles are 2012, however, as per website that subject vehicles year of manufacturer showing as 2006.
Counsel argued that petitioner submitted his reply but respondents have deprived the petitioner from their property, which is against the fundamental rights of the petitioner, enshrined in the constitution of Pakistan and no one shall be deprived from his property save in accordance with law.
Citing chairman FBR and collector of Customs Appraisement West as respondents, petitioner pleaded the court to declare that failure of the respondents to release the consignment is without jurisdiction, illegal, unlawful, capricious, mala-fide, discriminatory.
He further pleaded the court may direct them to immediately release the consignment of the petitioner and issue delay detention certificate.
