KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to act strictly according with law on a constitutional petition filed by M/s Rafiq Trading Company and M/s I.M Enterprises against detention of imported consignment under the garb of disputed valuation ruling.
On 9 September 2021, a two-member headed by Justice Shafi Muhammad Siddiqui heard the matter.
During the hearing, counsel for the petitioners argues that petitioners are commonly engaged in import and supply of dry copra and are aggrieved and seriously prejudiced by the actions of the customs officials, whereby, the respondents has hold the goods and not released the same despite the fact that the assessment under the goods declaration has been finalized in terms of section 80 of the customs act, 1969 and the said goods declaration has been sent to gate out staff for check out.
Counsel argues that petitioners have imported above mentioned goods from Malaysia and phytosanitary certificates from export countries on the basis of such certificates the ministry of national food, security and research department of plant protection, government of Pakistan has issued import permit and release order to affect the clearance of the said goods.
Citing Chairman FBR, Collector of Customs Appraisement East and Director Intelligence & Investigation-Customs as respondents, petitioner pleaded the court to declare that the act of the respondents and non-release the impugned goods imported by petitioners is unlawful, illegal.
He further pleaded the court to declare that the assessment under the impugned goods stood finalized in terms of section 80 of the customs act, 1969 and the said assessment cannot be reopened under the provisions of customs act, 1969 and declare that non-release/ hold the goods without opportunity of being heard is illegal and contrary to the provisions of law.
