KARACHI: A division bench of the Sindh High Court (SHC) directed customs officials to allow shifting of the subject consignments into CPF bond within two days, whereas, request for issuance of delay detention certificate may also be considered in accordance with law and compliance be furnished on the next date of hearing on a constitutional petition filed by M/s Imran Cloth Store seeking release order for its imported consignment of polyester un-dyed unfinished fabric from China.
On 27 January 2021, during hearing, Darvesh K. Mndhan advocate appeared on behalf of the petitioner and argued that court had passed another dated Dec 10, 2020, whereby, the respondents were directed to consider the request of the petitioner for shifting the subject consignment into CPF bond in accordance with law, however, needful has not done so far.
According to the learned counsel, the customs officials submit that in view of hold placed by the DIT, the needful could not been done, learned counsel for the respondents represent in court submitted that the petitioner may be directed to attend the adjudication proceedings, whereas, consignments of the petitioner will be shifted into CPF bond in accordance with law, however, without prejudice to the claim of the respondents in this regard.
Earlier, citing Chairman FBR, collector of Customs Appraisement PMBQ and the Director, Directorate General of Intelligence & Investigation-Customs as respondents, petitioner pleaded the court may declare that the hold on the duty examined, assessed and duty paid out of charge consignment of unfinished fabric is altogether illegal, malafide and without jurisdiction especially after confirmation of its description through lab test report.
He further pleaded the court may to them to remove the hold on the consignment and allow the release of the consignment in accordance with law and restrain them from taking any adverse action against the petitioner till final order in this petition.
