KARACHI: A two-member bench of the Sindh High Court (SHC), headed by Justice Irfan Sadat Khan restrained customs officials from encashment of bank guarantee submitted by the petitioner on a constitutional petition filed by M/s Dada Dairies Private Limited
On 19 January 2022, Imran Iqbal Khan advocate for petitioner and deputy attorney general of Pakistan appeared before the bench. Court observed that nobody is appearing for other customs officials, let notice be repeated to customs officials for the next date of hearing, interim order passed earlier to continue till next date.
It needs to be mentioned here that court had directed customs officials not encash the bank guarantee till next order in this petition.
Counsel for the petitioner states that petitioner imported fans for dairy sheds with all standard accessories (USA), Fans Blades, Fans Motors and Tool Kits for assembly at total consideration of value at US$ 94,772.50 and filed goods declaration whereby the customs deputy on fans for used in dairy sheds is 3% subject to certain conditions mentioned therein.
He argued that but customs officials did not accept and proposed to assess the same on statutory rate of duty 20%, however, goods were release on provisional release and now petitioner is aggrieved and seriously prejudiced by the actions of the customs officials being a government functionary who have attempted to encash the bank guarantee for Rs. 3,339,000.
Citing Chairman FBR, Collector of Customs Appraisement East, Collector of Customs, the General Manager (Tariff) Engineering Department, Ministry of Industry as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court may direct them not to encash bank guarantee and restrain them from taking any adverse action against the petitioner till final judgment in this petition.