KARACHI: The Sindh High Court (SHC) has dismissed the constitutional petition as not pressed by M/s Abdullah Associates, Syed Rehan Ali seeking release order of their imported consignment of Brake Lining in Rolls assorted sized.
On 21 September 2021, a two-member bench, headed by Justice Shafi Muhammad Siddiqui and Justice Agha Faisal heard the matter.
During the hearing, Chudry Muhammad Abdu Bakar Khalil Advocate appeared behalf of the petitioner and after a detailed hearing, under instruction, does not press that instant petition, court mentioned in its order that “accordingly the same is dismissed as not pressed”.
Earlier, counsel for the petitioners had filed urgent application which was allowed, however, after the hearing, court passed an order that “there are questions regarding maintainability of the petition, as apparently the customs authority have finally assessed the goods and being aggrieved of its, the petitioners invoked the jurisdiction, of this court without exhausting in remedy under the customs hierarchy.
Learned counsel is directed to assist this court, regarding maintainability of this petition on the next date of hearing”.
Earlier, counsel for the petitioners stated in his constitutional petition that petitioners are lawful engaged import of the Brake Lining in Rolls assorted sized got use in vehicles and during their business, they have imported the same and filed goods declaration according with law, however, they were shocked, when they were informed by the staff of customs department that high officials stopped their consignment without any justification and unlawfully.
He argues that petitioners requested the customs officials to release their consignment on provisional release, however, customs officials also refused their request.
Citing Chairman Federal Board of Revenue, Secretary Revenue Division, Collector of Customs Appraisement East, Additional Collector Customs Appraisement East and Deputy Collector of Customs Appraisement East as respondents, petitioners pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court may direct them to release petitioners’ consignment immediately and restrain them from taking any adverse action including blockage on NTN/ user-ID etc till final order in this case.
