KARACHI: The Sindh High Court (SHC) directed customs officials to release the consignment of polyurethane pre-polymer in the shape of pay order/ bank guarantee on a constitutional petition filed by M/s Kiutex Agencies and M/s CHACHA Bhatti Shoes Company Pvt Ltd.
On 9 October 2020, a two-member bench, heard the matter, during the hearing, counsel for the petitioners argued that the respondents are applying the valuation ruling no 1351/ 2019 dated January 9, 2019 in respect of imported consignment of the petitioner in violation of judgment of this court in the case of Saddia Jabbar versus Federation of Pakistan and others, whereas, provisional release is not being allowed in violation of decision of this court.
He argued that in the instant case, request of the petitioner for provisional release of the consignment under section 81 has been declined by the customs authorities, requiring the petitioner to obtain order from court to this effect. Application under section 25A of the customs act, 1969 is already pending before the director valuation customs for issuance of fresh valuation ruling is respect of polyurethane resin (pre-polymer for shoe sole).
After the hearing, court issued pre-admission notice to the respondents as well as DAG, and passed direction that “meanwhile, request of the petitioner for provisional release of the subject consignment under section 81 of the customs act, 1969 subject to securing the disputed amount of duty and taxes, in the shape of pay order/ bank guarantee before the concerned collectorate, shall be considered in accordance with law and compliance report shall be submitted on the next date of hearing”.
