KARACHI: A Two-member bench of the Sindh High Court (SHC) issued notices to the customs officials and deputy attorney general of Pakistan directed them to file their respective para wise comments on a constitutional petition filed by M/s Mansoor Store seeking release order for its imported consignment.
On 11 August 2021, during the hearing, counsel for the petitioner appears and argued that petitioner has entered into the contract to import/ purchase of desiccated coconut from Bestime Global, Malaysia along with its packing list which was also originated from Malaysia and phytosanitary certificate from export country on the basis of such certificate the ministry of national food, security and research department of plant protection, government of Pakistan has issued import permit and release order to affect the clearance of the said goods.
He submitted that during lifting the container the gate staff informed that the said container has been marked HOLD in the WeBOC system by the customs officials despite the fact that the goods declaration was assessed and finalized in terms of section 80 of the customs act, 1969 and the duty and taxes have already been paid thereon.
Citing chairman FBR, Collector of Customs Appraisement East, Director Intelligence & Investigation-FBR as respondents, petitioner pleaded the court to declare that act of the respondents for holding and non-release the impugned goods imported by the petitioner is unlawful, illegal, malafide, void, ab-initi, without lawful authority and be quashed/ cancelled.
Counsel further pleaded the court may declare that the assessment under the impugned goods declaration stood finalized in terms of section 80 of the customs act, 1969 and the said assessment cannot be reopened under the provisions of customs act, 1969, court may direct them to immediately release the impugned goods and restrain them from taking any adverse action against the petitioner till final order in this case.
