KARACHI: The Sindh High Court (SHC) directed customs officials and home department to file their respective para wise comments on a constitutional petition filed by arms dealer seeking order for immediately issuing of transportation license for imported consignment of small arms and ammunition from amounting to US$ 311,604.
On 12 July 2021, during the hearing, counsel for M/s Outdoorsman argued that petitioner being aggrieved and frustrated by the respondents, apparent mala fides and deliberate failure to perform their statutory duty by refusing to issue his small arms and ammunition manufacturing license despite being approved from the competent authority/ chief minister Sindh in terms of Sindh Arms Act, 2013 and rules, 2018.
He further argued that petitioner being a licensed arms dealer, based on SRO 772(1)2018 issued by Ministry of Finance imported a consignment of small arms and ammunition from the USA amounting to a total US$ 311,604 and filed goods declaration accordingly, however, consignment was seized by customs officials.
He further argues that there is no equally efficacious/ alternative/ speedy available to the petitioner except to file this case.
Citing Secretary Commerce, Chairman FBR, Collector of Customs Appraisement and Facilitation East, Karachi Port Trust, Home Department, Deputy Secretary Arms and Section Officer Arms as respondents, petitioner pleaded the court to declare that the impugned letter dated June 21, 2021 of the Home Department policy for regulation of import arms and ammunition of non-prohibited bore of 2018, objection of the assessment officer, customs showing of WeBOC at June 25, 2021 the plaintiff’s account and show cause notice dated June 30, 2021 are ultra vires to the articles 97, 137, 142 (a) and entry 27 of the FLL and other related laws.
He further pleaded the court to declare that the requirement of transportation license under the Sindh Arms Act and Rules 2018 is in blatant violation of articles inter alia 142 entry 27 of FLL etc, therefore, court may direct them to immediately issue transportation license to the petitioner pending vide application dated June 21, 2021۔
