KARACHI: The Sindh High Court (SHC) restrained customs authorities from any adverse action against the petitioner for till next date of hearing on a constitutional petition filed by Naeem Ali Muhammad Munshi sole proprietor of M/s Shalimar Food Products against raid and seizure of 20 MT betel nuts from petitioner’s factory.
On 16 December 2020, while the hearing of petition a two-member bench, headed by Justice Junaid Gaffar directed customs authorities to file their respective para wise comments for the next date of hearing.
During the hearing, counsel for the petitioner stated that petitioner is an importer and manufacturer of betel nuts on an ongoing basis for the purpose of its business, that the subject item is a raw material used in the manufacturing and processing of the petitioner’s products namely Tulsi Classic, Tulsi Gold, Rasily Classic and Rasily Gold besides mouth fresheners.
He further argued that petitioner imported 83 MT betel nuts lawfully and cleared it on the payment of duty and taxes in June 2019, however, customs officials raided at its premises during night of 9th and 10th December 2020 and picked up about 20 MT betel nuts on the pretext of non-duty paid from the petitioner’s factory.
He further stated that the action of the respondents is without pecuniary and territorial jurisdiction is not only tainted with ulterior motives but totally without jurisdiction, illegal and malafide and having no other alternate, the petitioner has approached this court for redressal of his grievance.
Citing chairman FBR, DG of Intelligence & Investigation and Director Intelligence & Investigation as respondents, petitioner pleaded the court to declare that action of the respondents in entering into the petitioner’s factory without fulfilling any formality is against their pecuniary as well as the territorial jurisdiction.
