KARACHI: A two-member bench of the Sindh High Court (SHC), comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal allowed urgency and passed directions on a constitutional petition filed by M/s Dawn Leather Industry against impugned show-cause notice issued by customs officials.
On 4 October, 2021, Imran Iqbal consul for petitioner, Dr Shah Nawaz consul for customs department, Mir Hussain Abbasi assistant attorney general of Pakistan appeared before the court.
During the hearing, counsel for the petitioner sought urgency on the ground that out of charge consignment of the petitioner has been withheld by the customs officials without assigning any reasons, whereas no show cause notice has been issued.
After the hearing, court passed directions and observed in its order that “urgency granted, in meanwhile respondents are directed to ensure that unless there is any violation of the import policy or mis-declaration by the petitioner the out of charge consignment of the petitioner shall not be withheld and in case of any violation, the petitioner shall be confronted with the show cause notice”.
Earlier, counsel for the petitioner argues that petitioner is doing lawful business for imported of PC Coated Artificial Leather non-woven backing in rolls of various colors according with law and during the course of business, petitioner imported above mentioned goods and filed goods declaration according with law, however, petitioner was shocked, when petitioner was informed that petitioner’s consignment was seized by customs officials without lawful authority.
Citing Secretary Ministry of Revenue, Chief Collector of Customs Appraisement South, the Collector of Customs Appraisement West and others as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, unlawful and has no legal effect.
Petitioner further pleaded the court may direct them to release petitioner’s consignment and restrain them from taking any adverse action against the petitioner.