MULTAN: Multan custom authorities decided to use an appropriate scientific method to determine water content of imported consignments of betel leaf (paan) with the help of recognised laboratories and use the same for future duty and taxes purposes.
The direction came on a petition of betel leaves’ importers against the charging of betel leaves’ consignments without deducting the moistening water and tare. The petitioners submitted that they have been importing betel leaves in baskets on which water is frequently sprinkled to keep the consignment fresh. They said a nine-kilogram of basket includes the basket weight of 600 grams, a rope of 100 grams, 300 grams of sprinkled water, and eight kilograms of betel leaves.
They said the customs department of the immediate clearance group had issued a letter informing them that new standard operating procedures had been evolved for the clearance of betel leaves under which the net weight of the consignment would be calculated from the gross weight by allowing the tare weight of 600- gram basket alone, meaning thereby that the weight of 100-gram rope and moisture water would not be deducted anymore.
They said that such disputes had led to confiscation of goods and even lodgment of FIRs against importers. A division bench, comprising Justice Risaal Hussain Syed and Khawaja Raheel after hearing the arguments of the case, observed that research reveals that analytically water and moisture contents of betel leaves can be measured using various techniques, including the oven-drying method.
It observed that a kilogram of betel leaves would be a mass of such leaves and not that of water; hence, their true mass either has to be determined by using at least the drying method or what was conventionally admitted being one third of the weight of the leaves instead.
Disposing of the petition, the court directed the custom authorities to once and for all use an appropriate scientific method to determine water contents in imported consignments of betel leaves with the help of recognised laboratories, including but not limited to the PCSIR, ICCBS and the food and biotechnology research centre.
It further said that after using such a method the custom authorities should evolve any empirical method for the nearest determination of water contents in the betel leaves and use the same for future duty and tax purposes. The court ordered that in the meantime, such imports be permitted in accordance with the relevant SRO and the custom authorities should not proceed with any penal action against the petitioners in violation of such SRO.
