KARACHI: The Sindh High Court (SHC) issued notice to a logistics company on several special customs reference applications filed by the collector of Customs through additional collector of Customs (Law) Appraisement West challenging impugned orders of appellate tribunal against logistics company.
On September 04, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for applicant argued that above mentioned importer imported consignments declared to contain polyester shirting fabric from China and god cleared dated August 07, 2015 through their nominated customs house agent.
He further argued that information was received that above mentioned importer and others are involved in clearance of fabric by submitting forged/ fake documents having false particulars and mis-statement by mis-declaring the vital information with regard to shipper’s name, port of loading.
He argued that during the investigation it was confirmed that the instant consignment actually shipped from Dubai, UAE showing consignor’s name as M/s AMI Middle East LLC Dubai, UAE, and consignee’s name as M/s AMI Pakistan Pvt Ltd freight forwarder/ co-loader and electronically fed incorrect information with the customs in the import general manifest (IGM) with regard to port of shipment and origin of the goods and issued fake house bill of lading by mentioning the name of consignee as R Usman Enterprises and port shipment as Ningo, China as against the actually port of shipment as Dubai, UAE.
Counsel further argued that the first information report (FIRs) were lodged against the above mentioned importer and others and sent to adjudication authority, the adjudication authority after considering the merits of the case penalized the respondent which should be upheld in the interest of justice along with any other penalty as may deem fit by this appellate forum for violation of above provision of law.
He stated that being aggrieved, said importer filed appeals before the appellate tribunal who allowed the appeals and has not considered the factual position in term of section 194 of the customs act, 1969 as well as submissions of the respondent, therefore, the impugned orders have far reaching bad effects, thus, liable to be set-aside forthwith.
