KARACHI: M/s Fast Track Projects & Logistics Private Limited has approached the Sindh High Court (SHC) and filed a constitutional petition against demand notice for required an additional security guarantee of US$ 0.5 million by Deputy Collector Bonds Port Muhammad Bin Qasim.
On 7 December 2020, counsel for the petitioner stated that Deputy Collector Bonds MCC Port Muhammad Bin Qasim in collaboration with other respondents have issued notice dated August 01, 2017 and subsequent notice dated Oct 15, 2020, whereby required an additional security guarantee of US$ 0.5 million which is not only unjustified/ unwarranted on the legal grounds.
He further submitted that petitioner as customs port for clearance of goods or any class of goods imported or to be exported in exercise of powers conferred by clause (a) of section 9 and clause (a) of section 10 of the customs act (IV of 1969) vide SRO 194 (1)/2017 dated Aug 2nd 2017 and in supersession of its notification no SRO 194 (I)/ 2011 dated March 09th 2011, and letter C.no II(2)T&W/99 dated July 2011.
He argued that since the insurance policy/ guarantee as demanded at the time of starting operation had already been furnished to the authority, the demand of further additional security at off-dock terminal is neither justified/ supported by any provision of customs act, 1969 nor under rules framed under the customs act, 1969.
Citing Chief Collector of Appraisement & Facilitation South, Collector of MCC PMBQ, Deputy Collector of MCC PMBQ and Chairman FBR as respondents, petitioner pleaded the court may declare that petitioner is not liable to pay any additional guarantee amounting to US$ 0.5 million in addition to the guarantee already furnished as there is no reason to demand an additional guarantee.
