KARACHI: Sindh High Court (SHC) declared premature and dismissed a constitutional petition filed by M/s Farm Plant seeking release order for imported consignment of Gum Copal. A two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal heard the matter.
On 27 September 2021 after the arguments, court passed an order that “this seems to be a premature petition, as no remedy for the interim provisional release of the goods is obtained. To such extent learned counsel for the petitioner has conceded, the instant petition is premature and the same is accordingly dismissed along with pending applications”.
Earlier, during the hearing, Abu Bakar Khalil Advocate argued that petitioner is lawful importer of Gum Copal (Natural Resin) and during the course of business, petitioner imported the same and declared the valuation at US$ 0.75 per kg and total amount was declared US$ 11,250 from Srilanka and filed goods declaration according with law.
Counsel added the petitioner was shocked, when petitioner’s representative was informed that said consignment was detained by the customs officials due to disputed valuation and which was enhanced without justification and lawful authority.
Citing Chairman Federal Board of Revenue, Collector of Customs Appraisement West, Collector of Customs Adjudication-I KICT Manager Imports as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court may direct them to release petitioner’s consignment and restrain them from taking any adverse action against the petitioner till final order in this petition.
