KARACHI: M/s M.J Medical Supplier Private Limited has approached the Sindh High Court (SHC) against detention of imported consignment of old & used medical devices under the garb of illegal demand of Form-4 and Bacterial Free Certificate of imported machinery.
On 6 January 2020, during the hearing, counsel for the petitioner stated that petitioner has imported a consignment of old & used MRI scanner with standard accessories and on arrival of the subject machine, has filed the goods declaration for its customs clearance and paid all the leviable duty and taxes thereon, whereas the subject machine does not attract any ban bide appendix A to the import policy nor any restriction and or condition vide appendix B to the import policy order, 2016.
Counsel submitted that however, the respondents has raised the requirement of NOC form Nuclear Regulatory Authority, Bacteria Free Certificate and Form-4 as per Medical Devices Rules, 2017, it is humbly submitted that all the above stated requirements are not required against the subject imported MRI Machine under HS Code 9018.1300.
He argued that being aggrieved and disappointed with the act of the respondents for determine the import consignment of old & used medical devices under the garb of illegal demand of Form-4 and Bacterial Free Certificate of imported machinery and, having no other alternate and efficacious remedy provided under the law.
Citing chairman FBR, collector of Customs Appraisement Port Muhammad Bin Qasim, Deputy Collector, MCC Appraisement Port Qasim as respondents, petitioner pleaded the court to declare that the subject imported goods is not attracted with any prohibition, restriction and or condition under the import policy order in vogue.
He further pleaded the court may declare that there are no rules restraining imports of old & used medical devices duly approved and promulgated by the Federal Government as clarified by the Drug Regulatory Authority of Pakistan.
