KARACHI: M/s Digicom Trading Private Limited (Q Mobile phone company) approached the Sindh High Court (SHC) for benefit of the amnesty provided under SRO 1455(1)2018 and to release the consignment of the petitioner without any further delay which was seized by customs officials due to alleged mis-declaration.
On December 18, 2018, counsel for the petitioner stated in his constitutional petition that on December 17, 2017 a consignment of 4 containers declared to contain LED lights were imported in the name of petitioner’s company and cleared through green channel facility. On account of some conspiracy by some unscrupulous elements, wrong shipment of mobile phones was made by UAE based shipper in which three containers were de-stuffed by customs officials on the charges of smuggling and mis-declaration.
He submitted that a show cause notice was issued to the petitioner and petitioner submitted reply, however, fine equivalent to 35% of value of the goods was imposed beside penalty of Rs2 million each in addition to payment of duty and taxes.
He argued that meanwhile the FBR has issued SRO 1455(1)/2018 whereby mobile device with SIM or IMEI functionality brought into Pakistan in violation of the provisions of clause (s) of Section 2 of the Customs Act, 1969 which have been seized or voluntarily presented to customs authorities on or before 31/12/2018 shall be allowed and would be released on payment of applicable duty and taxes payable thereon with imposition of zero fine. That petitioner is ready to avail the benefit of the scheme given under SRO 1455(1) 2018 read with CGO 06/2018.
He said that in pursuance of the afore-mentioned notification, application was filed in before custom officials opting to avail benefit of scheme provided by the Government vide SRO 1455(1)/2018 for release of seized mobile sets by respondents and refund of securities for the remitted amount of fine and penalty by customs officials
Citing chairman Federal Board of Revenue, Collector of Customs Preventive, Collector of Customs Preventive West as respondents, importer pleaded the court may declare the petitioner is entitled to the benefit of the amnesty provided under SRO 1455(1)2018, direct them to release the consignment of the petitioner without further delay.
He also pleaded the court may restrain from taking any coercive action including blocking of NTN/ User-ID of the petitioner.
