KARACHI: The Sindh High Court (SHC) directed customs officials to release the consignment of polyester knitted pile, laminated woven furnishing fabric on bank guarantee on a constitutional petition filed by M/s A.S & Company against detention of its imported consignment due to alleged valuation.
On 6 April 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the petition.
During the hearing, counsel for the petitioner stated that petitioner deals in furnishing fabrics of various kinds and use of import and commodity from worldwide resources since decades, petitioner had imported consignment of goods polyester knitted pile, laminated woven furnishing fabric from China and tried to sought clearance through his authorized clearing agent.
He submitted that however, officials of the customs department processed petitioner’s submitted goods declaration under section 79 (1) of the customs act, 1969 for home consumption in terms of section 83 of the customs act, 1969 by ignoring the lab analysis reports is resulted of shed staff’s examination under section 80 of the customs act, 1969.
He argued that petitioner challenges the ruling under section 25A of the customs act, 1969 before the Director Valuation which is pending before the petitioner submitted an application before customs officials to provisionally release the consignment of the petitioner during the pendency of the revision applicant filed before the director valuation but they are failed to release the consignment of the petitioner.
Citing chairman FBR, QICT, Director Directorate General of Customs Valuation as respondents, petitioner pleaded the court to direct them to release the consignment of the petitioner in accordance with law.
He further pleaded the court to declare that the act of the respondent to hold the consignment of the petitioner in the pendency of the revision application filed by the petitioner before the respondent is illegal and ultra viral without lawful authority especially in presence of the valid import documents.
