KARACHI: M/s Salman Paper Products Pvt Ltd has approached The Sindh High Court (SHC) and filed a constitutional petition against detention of “out-of-charged” of an imported consignment of goods having 47.948 MT and description 2/S coated writing paper is sheets from an exporter of China.
On 22 October, 2020, counsel for the petitioner states that petitioner made import of a consignment of such goods having 47.948 MT and description 2/S coated writing paper in sheets from an exporter of China who issued commercial invoice valuing US$ 29, 935 and after arrival of the goods, petitioner paid duty and taxes amounting to Rs. 2,362,462.
He submitted that however, during the checking, customs officials without raising any objection regarding description and classification of imported goods by the respective collectorate of customs which created vested right in favour of the petitioner for clearance/ release of his imported goods.
He argued that the petitioner is being deprived from his vested right of release of imported goods on the reason that his out-of-charged goods declaration has been withheld through customs special hold in the customs computerized system upon instructions of officials of the customs department, consequently the duty and taxes paid imported goods of the petitioner has been detained in the port area in absence of any pending enquiry or notice to be issued under section 26 of the act, 1969 and without disclosing valid reasons is writing to the petitioner.
Citing Chairman FBR, MCC Appraisement East, Deputy Director Intelligence & Investigation as respondents, petitioner pleaded the court may declare that impugned action of the respondent of detention of out-of-charged consignment or taken through putting customs special hold being without lawful authority, jurisdiction, mala fide, illegal and unconstitutional.
