KARACHI: The Sindh High Court (SHC) directed customs officials to act strictly according to law on a constitutional petition filed by M/s North West Petroleum Private Limited seeking provisional release of imported consignment of carbon steel pipes and also seeking exemption of SRO 678(1)/2004.
On 30 August 2021, during the hearing, representatives of customs department submitted their comments which were taken on record and court directed counsel for the petitioner to file rejoinder for next date of hearing, court also directed respondents to act strictly according with law.
Counsel for the petitioner argues that petitioner’s company is authorized under rule 35(2) of oil (refining, blending, transportation, storage and marketing) rules 2016 as oil marketing company and during the course of business, petitioner imported the carbon steel pipes and filed the goods declaration and sought clearance of consignment with the benefit of SRO 687(1)/2004.
He argues that goods declaration was processed without granting the exemption of SRO 678(1)/2004, petitioner under the disputed circumstances and to overcome the situation and to fulfill the requirement of the submission of justification petitioner extended the undertaking through letter dated March 31, 2021 and ready to submit pay order as guarantee against the differential amount assessed by the department.
Citing Secretary Ministry of Energy, Petroleum Division, Secretary Revenue Division, Chairman FBR, Secretary of Ministry of Defence, Collector of Customs Appraisement and Facilitation East, Deputy Collector of Customs East WeBOC Group-V as respondents, petitioner pleaded the court to direct them to finalize the provisional assessment into final assessment within stipulated period of time, after recording such exceptional circumstances, or clarifications required thereupon.
He further pleaded the court may to them from taking away coercive action against the petitioner or not to encash the amount secured against pay order/ bank guarantee, till then the required clarification has not been finalized in accordance with due process of law.
Counsel further pleaded the court may any other, appropriate relief to which this court feel deem fit, may please be awarded to the petitioner in the interest of justice and equity.
