KARACHI: A division bench of the Sindh High Court (SHC) issues pre-admission notices to the customs department and deputy attorney general of Pakistan and directing them to file their respective para wise comments on a constitutional petition filed by M/s Interlink Corporation seeking release order of ice cream of different brand and assorted flavors imported from UAE.
On 15 October 2020, “Customs Today” obtained details and court order passed by a two-member.
According to the court order, Rana Sakhawat Ali advocate appeared on behalf of the petitioner and argued that petitioner has impugned order dated Sep 19, 2020 passed by deputy collector Appraisement Port Qasim, whereby the request of the petitioner for provisional release of the consignment in terms of section 81 of the customs act, 1969 has been declined on the pretext that since petitioner has filed review petition before the DG Valuation, whereas, in terms of section 25A of the customs act, 1969 unless valuation ruling is revised or rescinded by the competent authority, such request of the petitioner cannot be entertained.
Counsel further submitted that impugned order is patently illegal and without lawful authority and based on mis-interpretation of statutory provisions against valuation ruling as aggrieved party can file a review petition before DG Valuation within 30 days, whereas, there is no bar to file an application for provisional release of the consignment subject to securing the disputed amount in the shape of pay order/ bank guarantee before the concerned collectorate till decision by the DG.
Counsel stated that application under section 25A of the customs act, 1969 can also be filed by the petitioner after expiry of 90 days from the date of issuance of valuation ruling with the request to issue a fresh valuation ruling and during pendency of such application under section 25A of the customs act, 1969, the request for provisional release of the consignment in terms of section 81 of the customs act, 1969 can also be made and the respondents are under legal obligation to pass appropriate orders in accordance with law.
