KARACHI: A division bench of Tthe Sindh High Court (SHC) issued notices to customs officials and directed them to file their respective para wise comments on a constitutional petition filed by M/s Agri Leaf International and M/s Quimica Chemicals Pvt Ltd against detention of petitioners’ consignments of Sulphur fertilizer by the customs officials.
On 2 January 2021, during the hearing, counsel for the petitioner stated that petitioners are importers of Sulphur fertilizer, being a freely importable item, however, recently, the customs officials in similar consignments imported by other importers, has raised an objection that Sulphur 80% WDG, classifiable under PCT Heading 3808.9210, of Indian origin is being imported under the garb of Sulphur fertilizer from Dubai, resultantly, the petitioners’ consignments of Sulphur fertilizer have also been unlawfully and with mala fides put on hold prior to filing of goods declaration and clearance thereof through customs, without confronting the petitioner in any way.
He further argued that furthermore, auction notice dated November 30, 2020 has also been issued by the customs officials under section 32 of the customs act, 1969, in respect of consignment of Sulphur fertilizer vide B/L No MLJEAKHI034568 dated Aug 19, 2020 should the consignment be not cleared within seven days of the issuance of the subject notice, however, factually such consignments are being put on hold by the respondents without communicating any reasons, as a result of which the petitioners are unable to file goods declarations for clearance of subject goods for home consumption, here the petitioners above named, having no alternate or efficacious remedy available under the law, prefer instant constitutional petition under article 199 of the constitution of Pakistan, 1973 inter alia.
Citing chairman FBR, collector of Customs Appraisement & Facilitation East, West and Director of Directorate General of Intelligence & Investigation-Customs as respondents, petitioners pleaded the court to declare that the act of putting oh hold the petitioners’ consignments of Sulphur fertilizer by the respondents is illegal, court may declare that same consignments are importable item under the import policy order, 2016.
