KARACHI: A two-member bench has dismissed the constitutional petition filed by M/s Galaxy Enterprises and others and declared it as premature, importers had approached the court against detention of their imported consignment and fixation of allegation of mis-declaration.
On 18 September 2021, a two-member bench, headed By Justice Shafi Muhammad Siddiqui heard the matter.
During the hearing, Muhammad Adnan Moton advocate appeared on behalf of the petitioner and argues that this petition at some length, conceded that this petition is premature as no attempt for the provisional release of goods was made by the petitioner before the customs hierarchy.
After the hearing, the court passed an order and observed that “this petition is premature and the same is accordingly dismissed along with pending applications”.
Earlier, counsel for the petitioners argued that the petitioners being active importer of inter alia, general merchandize goods including blowing agent from worldwide sources including China and the subject consignment is intended mainly for industrial use as reflecting in the import commercial documents.
He added that upon arrival of the said consignments the petitioners filed goods declaration which was selected for examination under section 80 of the customs act, 1969 and during the course of examination and its process which happened within a period of one day dated Sep 01, 2021, behind the back of the petitioners and their representatives, however, surprisingly, examination authority has fixed allegation on petitioners for mis-declaration.
Citing secretary Revenue Division, Collector of Customs Appraisement East and Deputy Collector of Customs Examination NLCCT Karachi as respondents, Petitioners pleaded the court to declare that the declared invoice is the actual invoice of the petitioners rather than the alleged invoice found with dissimilarities and the subject consignment consisting of blowing agent intended for commercial use shall be assessed as per current dated in field and also the valid import date available under the WeBOC system.
Counsel further pleaded the court to direct customs officials to take any coercive action against the petitioners till the finalization of the subject petition.
