KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to submit their comments on a constitutional petition filed by Muhammad Naeem, proprietor of M/s Nadeem Agencies for de-blocking the license of the petitioner which was blocked by customs officials due to allegedly involvement in Afghan Transit Scam.
On 18 February 2021, during the hearing, counsel for the petitioner stated that petitioner is a customs clearing agent with the licensing rules notified vide SRO 450(i)/ 2001 amended vide SRO 498(i)/2009 dated June 13, 2009 and customs clearing agent was intimated by the licensing authority regarding a letter issued by MCC PMBQ regarding the blockade/ suspension of its license as the said license was used in Afghan Transit Trade Pilferage.
He further stated that the responsibility of the customs clearing agent is to file the correct description the processing of the GDs the loading of containers and the other responsibility lies to the carrier to safely transit the goods across the country through designated destination in this case and adjudicating collectorate has issued the show cause notice and passed the order in original without any evidence against the customs clearing agent of involving collusion between the parties and the agreement of bilateral in the nature between the two countries namely Afghan Transit Trade Agreement 1965 without perusing the agreement of 1965 and the role provided to the customs clearing agent attributing the responsibility for imposition of the liability beyond the parameters of section 129 of the customs act, 1969.
Counsel argued that petitioner residing in Pakistan is only a bridge between the customs authorities and the Afghan based importer for the clearance of goods from the port area, after the goods have been out of charge and handed over to the bonded carrier who transported the goods with a certification of safe transportation till the final destination.
Citing Chairman FBR, Deputy Collector of Customs MCC PMBQ, Collector of Customs Appeal, Customs Appellate Tribunal and Additional Collector of Customs Licensing authority as respondents, petitioner pleaded the court may direct them to de-blocked the license of the petitioner and further it is humbly prayed to issue the compensatory cost in terms of section 35A of the code of civil procedures, 1908 from the custom pool fund/ rules as the customs agent was deprived of its license for 3 years.
