KARACHI: A two-member bench of the Sindh High Court (SHC) issued notices to the customs department and deputy attorney general of Pakistan directing them to file their comments on a constitutional petition filed by importer against issuing a show cause notice issued by Collector of Customs Adjudication-II on account of alleged mis-declaration
On 24 June 2021, counsel for M/s Sayyed Engineers Limited argued that petitioner is a renowned manufacturer of stationery articles and has been serving the nation since 1965, the petitioner is a law-abiding entity of the country and has never indulged in any kind of mis-appropriation or infringement of legal obligations.
He further submitted that petitioner makes a sizable contribution to the national exchequer in the shape of duty and taxes, through this petition, the petitioner seeks intervention of this court in the matter where customs officials have unlawful confiscated petitioner’s imported consignment of blades & crews for sharpener, imported from China.
He argues that goods declaration was accordingly examined under yellow channel, goods assessed/ finalized as per declared description, quantity and value and clearance allowed, while cargo was being de-stuffed, the cargo agent intimated that cargo detail do no math with the documents, therefore, the clearing agent requested the concerned customs officials for physical examination for verification of the impugned shipment which was accepted and goods declaration as marked for examination.
He further argued that during the examination, the concerned examiner only mentioned the weight found in excess as compared to the declared weight as against declared net weight 1531 kg, however, a show-cause notice was issued to the petitioner.
Citing Secretary Revenue Division, Collector of Customs Adjudication-II, Collector of Customs MCC Appraisement East and Customs Appellate Tribunal as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court may prohibit the respondents, jointly and severally from taking any adverse action or any coercive measures for the recovery and collection of any amount mentioned in the
