KARACHI: M/s Popular Traders approached the Sindh High Court (SHC) against detention of its imported consignment of pop corn by advisor and director general, Ministry of National Food Security & Research Plant Quarantine Division, Department of Plant Protection alleging fake phyto sanitary certificate.
On 20 March 2020, counsel for the petitioner stated that petitioner has imported the consignment of Pop Corn from Argentina dated Nov 29, 2019 and filed goods declaration according with law, at the time of import of consignment in question, phyto sanitary Certificate was also submitted before the customs officials for issuance of release orders of consignment in question.
He further submitted that however, Advisor and Director General, Ministry of National Food Security & Research Plant Quarantine Division, Department of Plant Protection on the basis of false contention and on the basis of surmises and presumption vide impugned letter dated March 12, 2020 intimated the petitioner that the said phytosanitary certificate from NPPO Argentina bear fake import permit information, thus on the said contention, the shipment of the petitioner was directed to be confiscated/ destroyed or re-shipped, which is unjust, void and without lawful authority.
He said that it is pertinent to mention that the respondent stated in the impugned letter that the certificate submitted by petitioner was fake, only the contention of the respondent was that the import permit number mentioned in the said certificate was fake, in fact mentioning of import permit number is the said certificate was a bona fide mistake of the shipper, the said aspect of the case clearly indicates that the certificate from NPPO, Argentina is not fake.
Citing Advisor and Director General, Ministry of National Food Security & Research Plant Quarantine Division, Department of Plant Protection and Collector of Customs East, MCC as respondents, petitioner pleaded the court may direct them to refer the samples of consignment in question to any authorized lab and issue release orders of the said consignment accordingly if the lab report is satisfactory.
He further pleaded the court may direct them to give delay detention certificate under section 14A of the customs act, 1969.
