KARACHI: A two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal issued notices to the customs officials and directed them to make sure filing their respective para wise comments on next date of hearing on a constitutional petition filed by an importer against detention of its imported consignment of Mixed Xylene Iran Ooigin.
On 21 October 2021, during the hearing, counsel for importer M/s Home Products International Private argued that dispute arose between customs authorities, consigner M/s ARA Detergents & Chemicals FZE and the 12 consignees who refused to accept the said cargo because of mis-declaration of origin and the cargo was confiscated by the customs authorities. It was alleged by customs officials that the consignment of Mixed Xylene is of Iranian Origin as opposed to Oman’s origin.
He added that petitioner requested on Aug 17, 2021 to the customs officials for the sale of mixed Xylene (3149MT) in accordance with law and distribution of the products according to section 20 of the customs act, 1969 and deposit the remaining amount as envisaged under section 169 of customs act, 1969.
Counsel further argued that petitioner has lien of storage charges on the mixed Xylene stored with them and the said cargo is now owned by the Federal Government and the auction is going to take place on September 24, 2021. Customs officials can auction the mixed Xylene and are bound to pay the storage charges of the petitioner from the sale proceeds of the auction.
Citing Ministry of Commerce, Collector of Customs Enforcement & Compliance, Deputy Collector of Customs Oil Section Customs Enforcement & Compliance, M/s ARA Detergents & Chemicals and East Wind Shipping Company Pvt Ltd as respondents, petitioner pleaded the court may order as envisaged under section 96 of the customs act, 1969 to the customs officials for the auction of above mentioned goods presently stored in the warehouse of petitioner and pay the storage charges out of sale proceeds of said cargo to the petitioner and deposit the remaining proceeds till the final adjudication as envisaged under section 169 of the customs act, 1969.
