KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to release the imported consignment of mosquito coils after securing differential amount in shape of bank guarantee on a constitutional petition filed by M/s AAD Enterprises against enhanced valuation of mosquito coils from US$ 0.79 to US$ 1.01/ kg.
On 30 October 2021, during the hearing, counsels for petitioner and customs department appeared before the court, counsel for the petitioner sought provisional release of the consignment subject to payment of duties and taxes/ fine penalty, if any, in the order dated Oct 11, 2021 passed by under section 250 of the customs act, 1969 since this order has been assailed by the petitioner before the appellate tribunal.
After the arguments, the court passed an order that “let goods be released accordingly after securing the differential amount which may include imposition of fine, if any, with the nazir of this court by way of pay order/ bank guarantee, in respect of the consignments covered by this petition. On presentation of the certificate issued by the nazir, the respondents shall release the consignment”.
During the hearing, counsel for the petitioner moved an urgent application and argued that the matter is on an urgent basis, therefore, court may grant his urgent application, after the hearing, court granted urgent application and issued notices to the respondents.
During the hearing, counsel for the petitioner states that petitioner is a regular importer and during the course of its business, has imported mosquito coils brand 123 from China and filed goods declaration according to law.
Earlier, counsel added that petitioner was shocked when it was informed by the customs officials that valuation has been enhanced from US$ 0.79 to US$ 1.01/ kg without lawful authority.
Citing Secretary Revenue Division, Chairman Federal Board of Revenue, Collector of Customs Appraisement West, Director General Valuation, Collector of Customs Member Customs Policy and others as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court to set aside impugned valuation and direct them to release petitioner’s consignment accordingly and restrain them from taking any adverse action against the petitioner till final order in this petition.
