KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general of Pakistan and directed them to file their respective para wise comments on a constitutional petition filed by M/s Chocolate House and M/s The Pak Traders against hold their imported consignment of Bubble water, China Candies due to disputed valuation.
On 30 October 2021, a two-member bench, headed by Justice Shafi Muhammad Siddiqui heard the matter.
During the hearing, Aqeel Ahmed Khan Advocate appeared behalf of the petitioners and filed urgent application and argued that petitioners apprehend the respondent in haste would take some illegal actions, which may deprive the petitioner from their lawful rights rather vested rights, since the subject goods have already been out of charge.
Counsel added that petitioners are doing lawful business and during the course of business, imported assorted China Candies 4369.95 kg as well as 10475 kg bubble water China and as well claimed China-Pak FTA for 9% exemption of customs duties granted in terms of valuation ruling no `640/2019.
Counsel argued that when petitioners approached customs officials for release of above-mentioned goods, however, petitioner was shocked when it was informed that said consignment is marked as hold due to disputed valuation.
Citing Chairman FBR, Collector of Customs Appraisement West, Director General Intelligence & -Investigation-FBR as respondents, petitioners are pleading the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He also pleaded that the court may direct them to release their consignment and restrain them from taking any adverse action against the petitioner till final order in this petition.