KARACHI: A two-member bench of the Sindh High Court (SHC) directed petitioner to include DRAP as respondent and office issue notice to (Drug Regulatory Authority Pakistan) DRAP after amended title of the constitutional petition filed by M/s MEDIFLUX Services seeking release order for imported old and used medical equipment CT Scanner which was seized by the customs officials.
On 24 December 2021, during the hearing, Muhammad Adel Awan advocate for petitioner, Kafeel Ahmed Abbasi deputy attorney general, Hussain Bohra assistant attorney general of Pakistan appeared before the court. Tariq Aziz, principal appraiser of customs also added the court. Counsel for the petitioner argued that petitioner lawfully imported an old and used medical equipment CT Scanner which is freely importable under the import policy order 2016 and 2020 and no requirement of any clearance certificate.
He added that, petitioner filed goods declaration according to law, however, petitioner was shocked, when petitioner was informed by the customs officials that a certificate is required for clearance of imported goods under drug license in 4 of medical devices rules 2017 and the same was seized.
Citing Chairman Federal Board of Revenue, Collector of Customs Enforcement South, Collector Customs Appraisement East, West, Port Muhammad Bin Qasim and others as respondents, petitioner pleaded the court to declare that act of the respondents is mala fide, illegal and against the fundamental rights of the petitioner.
Counsel further pleaded the court to direct them to release petitioner’s goods immediately and restrain them from taking any adverse action against the petitioner till final order in this constitutional petition.
