KARACHI: A two-member bench of the Sindh High Court (SHC) issued notices to customs officials on a constitutional petition filed by M/s Esmat Zekria Limited seeking release order for 75 containers of the petitioner containing sugar imported from India.
On 26 December 2020, during the hearing, counsel for the petitioner stated that petitioner entered into business contacts with M/s Sakuma Export Limited (an Indian company) through a broker in the first time since December 2019, for import of 300 containers of sugar from India, a per contract the petitioner transferred 20 percent advance payment to M/s Sakuma Export in its account in Dubai, besides, the petitioner also entered into two more contracts each 50 containers, for importing sugar and in this regard transferred 25 percent advance payment to company’s account.
He further submitted that in spite of many communications with M/s Sakuma Exports, they failed to deliver the goods and were also not responding their phones from almost 3 months, while it came to know that petitioner’s sugar has been sold to some other party and petitioner was asked for purchase another 1500 containers from M/s Sakuma Export for adjustment of earlier consignments.
He further informed that containers 43, 47 and 30 arrived at port at different times and were removed accordingly but petitioner’s came to know that containers were found to be of low quality sugar and not according to the sample.
He further informed the court that on request of the petitioner company to send the remaining containers in various shifts each under containers through Karachi Port, after much delay 75 containers were shipped to Karachi Port in two shifts on August 27, 2020 and September 7, 2020 against which the petitioner paid full amount and petitioner asked the Karachi Port authorities to examine the quality of newly arrived goods in 75 containers whereupon it was informed that the bags of NIRANI Company were forged and filled with low quality sugar, petitioner informed the M/s Sakuma Exports about the issue and asked for clarification, however, M/s Sakuma Exports Ltd informed that if there is any issue with the quality then they are ready to reimburse the payment.
He submitted that 75 containers has referred to are lying in PICT Karachi Port and causing demurrage charges of US$ 4000 per day but the respondents are not issuing the release order for the subject containers malafidely.
Citing chairman FBR, collector of Customs Appraisement East and others as respondents, petitioner pleaded the court may direct them to release the subject consignments of 75 containers of the petitioner pending hearing of the main petition.
