KARACHI: M/s M.R Enterprises has approached the Sindh High Court (SHC) and filed a constitutional petition seeking restraining order from any adverse action against the petitioner allegedly mis-declaration of imported consignments of paper waste (scrape).
On 9 November 2020, counsel for the petitioner stated that petitioner has imported consignments of paper waste (scrape) which were subjected to 1st examination under section 79(I) of the customs act, 1969.
He argued that accordingly goods declaration were filed, however, case for mis-declaration was made on the basis of excess weight of BoPET metalized film, subsequently, ONOs were passed by the adjudicating authority and two appeals decided in petitioner’s favour by the Collector (appeals).
He further argued that, consequently, the customs appellate tribunal has decided the appeals in favor of the petitioner against the department, however, petitioner is aggrieved and seriously prejudiced by the unlawful actions of the customs department by refusing to allow the release of consignments in spite of the fact that the allegations leveled by the respondents has been decided in favour of the petitioner by the learned collector appeals as well as customs appellate tribunal and pursuant thereto, both the order have been passed in favour of the petitioner.
Citing chairman FBR, Collector of Customs Port Qasim as respondents, petitioner pleaded the court to direct the respondents to release the consignments and implement the judgment passed by the customs appellate tribunal as well as order-in-appeal passed by the collector of customs appeals.
He further pleaded the court may restrain them from taking any coreive action against the petitioner and direct respondents to issue a delay detention certificate in accordance with law.
