KARACHI: The Sindh High Court (SHC) has restrained the customs authorities from encashment of bank guarantee/ pay order which would be submitted for the release of the consignments on a constitutional petition filed by Package Limited, seeking release of its consignment of raw material. A two-member bench, headed by Chief Justice Sajjad Ali Shah, was hearing the petition.
During the hearing, Kashif Nazeer advocate requested for a fixed date, therefore, the court adjourned the hearing for December 22, 2016 and continued the interim order which was passed earlier by this court.
Earlier, counsel for the petitioner stated that petitioner is engaged in the manufacture of various types of packages/ packaging materials and related items and supply in the local market. For the purpose of manufacturing, the petitioner imported various raw material from different sources around the world.
According to the petitioner, it is serious aggrieved by the action taken by the customs authorities whereby its imported consignments comprising constituents which should be treated as polyurethanes falling under PCT Heading 3909.5000. However, the consignments are being classified under incorrect PCT headings on misconceived grounds.
Citing the Federal Board of Revenue (FBR) chairman, Customs Collectorate East and Customs Collectorate Appraisement West as respondents, the petitioner pleaded that the court may declare that act of the customs authorities as illegal, mala fide and arbitrary. The importer also pleaded the court may direct the respondents to release the consignments of the petitioner.
On the last date of hearing, the court had directed the respondents to release the consignments of the petitioner upon furnishing bank guarantee or pay-order before the concerned collectorate.
