KARACHI: The Sindh High Court (SHC) has directed the tax authorities with caution that in case para wise comments are not filed by or before the next date, on that matter of interim relief shall be taken up on the basis of record as available on a constitutional petition filed by Pakistan Kiryana Merchants Association and other traders.
The petitioners prayed the court to order release of their consignments of dry copra and related items which are allegedly declared prohibited for import by duty scaling department of Plant Protection and customs authorities.
A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir, was hearing the constitutional petition.
During the hearing, deputy attorney general Asim Mansoor Khan requested for time to file para wise comments, therefore court adjourned the hearing with caution for October 26, 2016.
It needs to be mentioned here that on last date of hearing Kashif Nazeer advocate had filed power from the customs department, Kashif Nazeer and deputy attorney general had sought time for submit para wise comments.
Earlier, counsel for the petitioner stated that petitioners have imported the consignments of dry copra and related items which have been arrived on northern power of Pakistan International Container Terminal and they filed goods declarations (GDs) and requested the customs authorities for releasing of said consignments.
According to the importers, on Jan 15, 2016 respondents replied and stated and clarifying that the coconut plant or its material from south India is prohibited, however, if the dry copra for oil extraction is imported and classified under H.S code 1203.00000, department has no objection on the import of the said commodity.
Citing Ministry of National Food Security and Research, Ministry of National Food Security and Research, Duty Scaling (Quarantine) Department of Plant Protection, as respondents, petitioners pleaded the court my declare that action of the respondents unlawfully holding and refusing to issue the release order is illegal, knowingly that the petitioners have imported dry copra and not coconut having H.S code 0801.1100.
Petitioners also pleaded the SHC may declare that dry copra imported by the petitioners are not prohibited items in terms of rule 21 of PPQ rules, 1967and are liable for issue to release order having no jurisdiction to prohibit the import of said items, court may direct the respondents to release the consignments of the petitioners.
