KARACHI: Importer Muhammad Irshad has approached the Sindh High Court (SHC) and filed a constitutional petition for implementation of order passed by customs appellate tribunal Karachi seeking release of its imported 16 cartons of goggles and wrist watches inferior quality detained by officials of Customs Preventive.
On 2 October 2020, counsel for the importer stated that officials of Customs Preventive seized his imported goods containing 16 cartons of goggles and wrist watches inferior quality and issued a show cause notice to the petitioner in which properly replayed, later on adjudicating authority directed to release goods vide order in original no 299/2019 dated Oct 2019.
He further submitted that however, said order was challenged by the customs officials under section 194-A of the customs act, 1969 before the customs appellate tribunal Karachi vide Appeal K-1350/2019 and customs appellate tribunal dismissed appeal of the respondent dated Dec 11, 2019 and up held order in original.
He argued that later on petitioner filed so many applications before the customs officials and requested issue release order in the light of order in customs appeal No k-1350/2019 passed by the customs appellate tribunal Karachi but respondent staff using delay tactics for compliance on said order according with law.
He further argued that respondent and his subordinate staff has no jurisdiction under any law to detain the subject goods without any restraining order and as such according to the law seizure of goods is ultra viral, ab-initio and without lawful authority only based on the dishonest belief and declare illegal, ultra viral and without lawful authority.
Citing secretary ministry of finance, collector of Customs Preventive as respondents, petitioner pleaded the court to direct them to implement order passed by appellate tribunal Karachi and release his consignment immediately.