KARACHI: The Sindh High Court (SHC) has dismissed a constitutional petition filed by M/s Orient Enterprises seeking release order for re-exporting of imported 437 used mobile phones of different specification as frustrated cargo.
On 14 January 2022, a two-member bench, headed by Justice Irfan Sadat Khan heard the matter.
During the hearing, Imran Khan advocate for petitioner, Kafeel Ahmed Abbasi, deputy attorney general of Pakistan appeared before the court. Khalid Rajpar advocate filed vakalatnama on behalf of customs officials which was taken on record.
“Learned counsel for the petitioner states that under instructions of his client does not press instant petition, which is accordingly dismissed as not pressed along with pending applications” court mentioned in its order.
Counsel has argued before the bench that petitioner has imported 437 used mobile phones of different specification as per commercial invoices dated Oct 03, 2021 along with its packing list.
He further added that on arrival, petitioner applied to Pakistan Telecommunication Authority for their onward approval against IMEI Numbers of the said phones so that the petitioner could file of goods declaration and pay the duty and taxes leviable thereon.
Counsel further argued that however, petitioner approached the concerned authority and requested them to imports of the said phones may be treated as frustrated cargo, and may be allowed re-export so that petitioner may get back the actual goods which was booked in his case but customs officials has not allowed the re-export of the consignment despite the facts that in terms of clause 30 (d) of the import policy order 2020.
Citing Chairman FBR, Collector Customs Jinnah International Airport (JIAP) as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court to direct them to allow re-export of the petitioner’s goods according with law.
