KARACHI: The Sindh High Court (SHC) has directed the Collector Appraisement West to decide a case pertaining to the pilferage of containers within 15 days after providing a fair hearing to the accused customs bonded carrier. M/s SDS Logistics (Pvt) Limited approached the Sindh High Court against suspension of its licence.
According to the details of the case, Directorate of Intelligence and Investigation Customs, Peshawar, through a letter dated May 2015, had informed the licensing authority that five FIRs were registered against the accused importers and others who were involved in clandestine replacement of containerized imported goods en route from Karachi to Peshawar with active connivance of customs bonded carrier/ clearing agent M/s SDS Logistics (Pvt) Limited. Model Customs Collectorate Preventive, Karachi has also registered an FIR against the carrier for de-stuffing cargo in a private godown at Karachi.
In the wake of FIRs, the collector MCC Appraisement West had issued notice to the bonded carrier to explain its position. However, it could not give cogent reasons as to why it failed to discharge its responsibilities as prescribed under the law. Therefore, the license of the carrier was suspended and a show cause notice was issued to it in pilferage case which was pending disposal with the relevant collector of customs.
The counsel for the bonded carrier said that his client’s license was suspended on the basis of FIRs, adding the allegations leveled in FIRs against the petitioner were baseless.
Refuting the allegations, the counsel submitted that the WeBOC clearly established that the consignment were properly transported and de-sealed by the customs authorities at Peshawar. He added the cases were at inquiry stage and nothing substantial had come on record to prove allegations. He, therefore, requested the court to set aside the circular regarding suspension of its licensee.
After perusing the circular, the court observed that the petitioner’s license was suspended after adopting due process of law, therefore, the petition was not maintainable and merits dismissal. However, at the request of the counsel, the court directed the Collector of Customs concerned to decide the pilferage case against the petitioner within fifteen days and give the petitioner an opportunity of fair hearing.
