KARACHI: The Sindh High Court (SHC) directed the Customs Appraisement-West to release the consignment of “mixture of fatty acid” on payment of entire differential amount by the petitioner M/s Safayer Management Co in the shape of post-dated cheques.
A two-member bench, comprising Justice Munib Akhter and Justice Anwar Hussain, was hearing the petition.
During the hearing, Imran Iqbal counsel for the petitioner and Masooda Siraj advocate along with Ilyas Ahsan, law officer of customs appeared before the court and submitted their arguments. After hearing arguments of both sides, the court directed the respondents to release the said consignment on payment of entire differential amount by the petitioner in the shape of post-dated cheques.
Earlier, petitioner’s counsel stated that his client has entered into a contract with M/s Salbia Oils and Fat, Malaysia for supply of “111 tones of mixture of fatty acid at a declared invoice valued at $23,310 dated May 12, 2016. The goods carried the chemical composition analysis certificate issued by the manufacturer which confirms that the goods are consisting of “mixture of fatty acid “.
However, officials of Customs Appraisement assessed the goods under a different heading despite the fact that the supplier or the goods vide his certificate of analysis has confined that the goods are of mixture of fatty acid. Therefore, the officials confiscated the consignment.
Citing Revenue Division secretary, Customs Appraisement-West collector as respondents, the petitioner pleaded the SHC may direct the respondent to immediately release the imported consignment. The petitioner also asked the court to declare that the goods mixture of fatty acid is classifiable under PCT Heading 3823.1990 as declared by the petitioner and goods are liable to be released out.
The petitioner also pleaded that court may restrain the respondents from taking any coercive action against the petitioner.
