KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to release imported consignment of fertilizer candles after securing security amounts through bank guarantee on a constitutional petition filed by M/s Fatima Fertilizer against detention of its imported consignments due to disputed valuation.
On 27 October 2021, during the hearing, Khalid Rajpar advocate for customs department, Salman Yousaf consul for petitioner appeared before the court, learned counsel for the petitioner submitted that the petitioner is willing to secure the differential amount of duties and taxes among with the adjudged fine and penalty with the nazir of this court.
After the hearing, court passed following order that “in the circumstances, by way of an interim arrangement since the consignment is incurring storage charges at the port, let the undisputed quantum of duties and taxes be deposit with the Collectorate/department and disputed amount of the duties and taxes along with the adjudged fine and penalty by secured before the nazir of this court, by the way of pay order/ bank guarantee in respect of the consignments/covered by this petition.
Once the amount is secured as stipulated supra, the nazir shall issue the appropriate certificate/ if the amount is secured by the way of pay orders, the nazir shall invest the amount in profit bearing instruments as per rules, the nazir fee is settled at Rs. 5,000 per certificate, upon deposit the undisputed quantum of duties and taxes with the department and presentation shall release in against formulation.
The fate of the amount secured supra shall be subject to the outcome of the appeal of the petitioner pending before tribunal, this petition, along with pending application disposed of in terms herein”.
