KARACHI: A division bench of the Sindh High Court (SHC) issued notices to the customs department and deputy attorney general of Pakistan and directed them to make sure filing their respective para wise comments on a constitutional petition filed by M/s Hashim Lakhani & Sons, M/s Metal Global Corporation, M/s Irfan Traders, M/s Karol Pipe Industry and others.
On 14 January 2022, a two-member bench, headed by Justice Irfan Sadat Khan heard the matter, during the hearing, Muhammad Adeel Awan advocate for petitioner appeared on behalf of petitioner and argued that matter is on urgent basis, therefore, court may grant his urgent application.
After the hearing, court granted his urgent application and issued notices to the customs officials for next date of hearing.
Counsel for petitioners submitted that petitioners are engaged in the import of, among others, second quality iron & steel products which are covered/ assessed under chapter 72 of Pakistan Customs Tariff under the relevant sub-chapter headings of “others” as opposed to secondary quality iron & steel products, which are specifically and expressly mentioned by their nomenclature i.e “secondary quality.
He further argued that during the course of their business, the petitioners imported consignment of 1,020.760 MT of iron & steel re-rolling scrap from European Method Recycling Ltd UK at the rate US$ 376.50 and filed goods declaration according with law.
However, petitioners were shocked when it was information that consignment has been stopped by customs officials due the disputed valuation and petitioner approached the customs department and requested them to release the consignment on provisional release, however, they denied to release the said consignments.
Citing Chief Collector Appraisement South, Collector of Customs Appraisement West and East as respondents, importers pleaded the court to declare that act of the respondents is illegal, mala fide, direct them to release consignments of the petitioners and restrain them from taking any coercive action against it till final order in these petitions.