KARACHI: The Sindh High Court (SHC) disposed of a constitutional petition filed by M/s International Power Services, seeking release of its generators, engines and alternators seized by customs intelligence.
A two-member bench, comprising Justice Munib Akhter and Justice Muhammad Humayun Khan heard the matter. During the hearing, Additional Director Farrukh Sjjad confirmed that the entire impugned proceedings have been withdrawn. The counsel for the petitioner satisfied with the statement, therefore, the court disposed of the constitutional petition.
Earlier, Deputy Director Customs Intelligence Dr. Sadia Sadaf had informed the Sindh High Court that during the search of premises of M/s International Power Services (petitioner), resulted the recovery of 14 units of heavy duty generators/ alternators of assorted brands origin and capacity, valuing Rs. 68.37 million involving duty and taxes to the tune to Rs. 34.48 million.
She had argued that raid of the customs authorities was according with law and smuggled goods were recovered from the possession of the petitioner’s premises, therefore, court may declare that this constitution petition is not maintainable and court may reject this constitution petition.
It needs to be pertained here that on last date of hearing, court had passed restraining order and directed the respondents not to take any coercive measures against the petitioner.
Earlier, petitioner’s counsel stated that petitioner is running its business of sale purchase of used generators and accessories, repair, maintenance of the generators in the name and Style of International Power Services. Petitioner purchased the used generators from the local markets/ businesses/ Industries and after repair and refurnishing the same in its workshop rent out/ sold out the same in local markets.
According to the petitioner, on August 15, 2016 officials of the director of Intelligence customs along with 15/16 armed persons in plain clothes, entered in the workshop of the petitioner and misbehaved with the staff of petitioner and required from the petitioner regarding the documents of the generators/ engines/ alternators.
Petitioner produced all the relevant documents and explained in details that all the above mentioned articles are old/ used; however, respondents refused to accept the plea of the petitioner and alleged that the all articles were smuggled and brought into country without payment duty and taxes, and seized the above mentioned articles illegally, unlawfully.
Citing Chairman Federal Board of Revenue, (FBR), Director of Customs Intelligence Dr. Sadia Sadaf, and others as respondents, Petitioner pleaded the SHC may declare that act of the respondents malafide, unjustified and illegal, court may direct the respondents to immediately release the same articles and restrain them from taking any coercive action against the petitioner.
