KARACHI: The Sindh High Court (SHC) directed customs department to release the consignment of M/s Otsuka Pakistan Limited on bank surety on a petition filed by M/s Otsuka Pakistan Limited seeking provisional release of its consignment comprising aminoleban oral flavour commercial pack imported from Thailand.
On May 31, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter. After the hearing, court also issued pre-admission notices to customs officials and deputy attorney general directing them to file their para-wise comments on next date of hearing.
During the hearing, counsel for the petitioner stated that the petitioner is aggrieved by the un-fettered, arbitrary exercise of authority by the respondents in purported exercise of power under Section 18 (3) of the Customs Act, 1969 to impose/enhance regulatory duty through SRO 1265(1)/2018 dated 16/10/2018 without any circumstance justifying the enhancement of the regulatory duty by the respondents.
Citing chairman Federal Board of Revenue, secretary Revenue Division, Collector of Customs Collectorate of Appraisement East, Collector of Customs Collectorate Appraisement West and others as respondents, he pleaded the court to declare that act of the respondents as illegal, mala fide and arbitrary.
He also pleaded the court to suspend the imposition/enhancement of the regulatory duty and direct the respondents to release the consignment on payment of regulatory duty according to customs tariff and/or on the payment of the one half of the regulatory duty imposed on the consignments and for another one half the petitioner will submit bank guarantee/ pay orders to the satisfaction of the nazir of this court.
