KARACHI: A division bench of the Sindh High Court (SHC) directed customs authorities not to take any coercive action against the petitioner and may not involve him in any criminal case in respect of subject consignment on a constitutional petition filed by M/s ABC Traders.
On 4 November 2020, while hearing of petition, the bench, headed by Justice Junaid Ghaffar also issued pre-admission notices to the customs department and directed them to file their respective comprehensive parawise comments on the next date of hearing.
During the hearing, Darvesh K. Mandhan and Syed Younus Saeed advocates appeared on behalf of the petitioner and argued that petitioner has imported the used computers, LCD panels and accessories from USA under HS Code 8528.5200 after declaring the transactions value, however, the respondents are not processing the goods dated Sep 08, 2020 and Sep 19, 2020.
Counsel submitted that respondents intend to classify the imported consignments of the petitioner under HS Code 8529.9090 without referring the matter to the classification committee in accordance with the law.
Counsel further argued that there is an apprehension that the respondents may, without providing an opportunity of being heard to the petitioner or referring the matter to the classification committee, will involve the petitioner in the false and frivolous case, therefore, requests, that respondents may be restrained from taking any adverse action against the petitioner and may be directed to process the goods declaration of the petitioner in accordance with law.
After the hearing, the court issued notices to respondents as well as DAG and fixed by the office after two weeks along with another case, in the meanwhile, court directed customs officials that “respondents shall process the GD of the petitioner in accordance with law, whereas, in case of any dispute with regard to classification of goods, matter may be referred to the classification committee”.
