KARACHI: A two-member bench of The Sindh High Court (SHC) directed customs officials to consider the request for provisional release of consignments after securing the disputed amount of duty and taxes in the shape of the pay order/ bank guarantee, before the concerned collectorate and compliance be furnished on the next date of hearing on a constitutional petition filed by M/s ICT Tech.
On 15 January 2021, during the hearing, Davesh K Mandhan advocate for the petitioner, Masooda Siraj and Khalid Rajpar advocates appeared on behalf of the customs officials, Khalid Rapar, learned counsel for the Director I&I sought time to file comments, however, Masooda Siraj argued that respondents have not disputed importability of the subject consignments for the purposes of the determining proper leviable duty and taxes, it has been, therefore, prayed by the learned counsel for the petitioner that the petitioner is willing to secure the disputed amount of duty and taxes in the shape of pay order/ bank guarantee, before the concerned collectorate.
Counsel for the petitioner further argued that respondents directed to provisionally allow the subject consignment of the petitioner and may also consider the request for issuance of delay detention certificate in accordance with law, court observed that “we see no reason as to why such request for provisional release of the subject consignment could not be entertained by the respondents”.
Earlier, citing chairman FBR, collector of Customs Appraisement & Facilitation Port Muhammad Bin Qasim as respondents, petitioner pleaded the court to direct them to release his imported consignment comprising a lot of used computer systems, used computer panel, keyboards and used all in one system which was detained by the customs officials under the garb of enhancement of valuation.
