KARACHI: A division bench of The Sindh High Court (SHC) directed customs officials to keep continuing to pursue the confirmation regarding export certificates from Tokyo, Japan on a constitutional petition filed by several importers against auctions of more than more than 50 imported vans seized by the customs department.
On 2 February 2021, during the hearing, Aqeel Ahmed advocate appeared on behalf of petitioners, Mosooda Siraj advocate for customs department Kafeel Ahmed Abbasi, deputy attorney general and Jahanzeb Abbasi, DC law section MCC West, Karachi appeared before the court.
During the hearing, court was informed that in response to order dated Jan 19, 2021 letter dated Jan 22, 2021 issued by the trade & investment counselor at Tokyo, has been placed on record, wherein, some confirmation regarding export certificates has been sent to the customs department, it is informed that petitioner’s case is being pursued with the concerned authorities in Japan, after the hearing, court directed customs officials to keep continuing to pursue the confirmation and court also adjourned the matter for Feb 16, 2021.
Earlier, counsel for the petitioners states that petitioners are importers of vehicles Toyota Probox Van falling under the category of vans which in terms of appendix-E of IPO are importable in old and used condition by the Pakistani nationals, subject to age restriction of not older than 5 years.
He further argued that before the arrival of the vehicles of the importers the identical vehicles of more than 50 passengers were detained by raising objection as to whether the vehicles imported by those passengers are van or car and if those are cars then age restriction comes down to 3 years.
Counsel further argues that since the vehicles of other passengers/ importers have already been detained in spite of payment of customs duty and taxes, the petitioners preferred not to file the goods declaration till the decision on the objection raised by the customs authorities.
Counsel said that recently the petitioners came to know that customs authorities put the vehicles of the petitioner in auction, therefore, importers requested the customs authorities to immediately withhold the auction proceeding in respect of the vehicles of the petitioners and under the mentioned circumstances the petitioners have no adequate and efficacious remedy except to approach this court.
Citing Chairman FBR, The Collector of Customs MCC Appraisement West and The Assistant Collector of Customs MCC Appraisement Auction and others as respondents, petitioners pleaded the court may declare that the respondents’ actions of detention of the vehicles are unlawful ad auction of the same is illegal.
