KARACHI: A division bench of the Sindh High Court (SHC) directed customs officials to act strictly in accordance with law and before taking any adverse action, opportunity of being heard may be provided to the petitioner on a constitutional petition filed by M/s Winway Mineral Resources Pvt Ltd against detention of its imported machinery equipment/ brick making machine and prefabricated house/building material.
On 17 November 202, the court also issued pre-admission notices to the customs officials and directed them to file their respective para wise comments for the next date of hearing.
During the hearing, counsel for the petitioner stated that his counsel imported a consignment of machinery equipment/ brick making machine and prefabricated house/ building material and filed goods declaration dated Oct 01, 2020 by claiming exemption of customs duty and sales tax vide Sr. No 6 of Fifth Schedule of customs act, 1969 and table-3 of Sixth Schedule of the sales tax act, 1990 respectively.
He argues that under reference consignment was duly processed, cleared by the customs officials after verification of all material particulars including admissibility of exemptions claimed by the petitioner, however, being aggrieved with and dissatisfied by the unlawful detention/ putting on hold the consignment of machinery equipment/ brick making machine and prefabricated house/ building material by the respondent on baseless contention of inadmissibility of exemption claimed by the petitioner, the petitioner above named having no other alternate, efficacious or adequate remedy, prefers this constitutional petition under article 199 of the constitution of Pakistan, 1973.
Citing chairman FBR, collector of Customs Appraisement East, Director Intelligence & Investigation-Customs and deputy director of Intelligence & Investigation-FBR as respondents, petitioner pleaded the court to direct them to release its imported consignment immediately and restrain them from taking any adverse action against the petitioner.
