KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to use all legal means to ensure that the goods of the petitioners are released at no cost on account of delay, detention or demurrage and file a compliance report within fifteen days to MIT-II (Member Inspection Team) on a constitutional petition filed by importer Zahir Shah and others.
On 17 February 2022, during the hearing, Muhammad Ishaq Advocate for the petitioners, Masooda Siraj Advocate for customs officials and Tariq Aziz, Principal Appraiser, Port Muhammad Bin Qasim appeared before the court.
After the hearing, court passed an order and observed that “learned counsel for the petitioner submits that after a lengthy battle, consignment comprising of trucks of the petitioners were released subject to the payment of fine.
As per learned counsel, his goods were seized from the road again under section 169 of the customs act, 1969 and rather taking those to the nearest warehouse as prescribed under sub section (2), the respondent chose to park those in the port area.
Not only so, the callan of payment of fine was issued after two years and release letter was also issued later, per learned counsel, whilst at no fault of the petitioners, vehicles were illegally parked in violation of section 169 of the customs act, 1969 at the terminal of respondent, notwithstanding that a delay and detention certificate has been issued by the customs officials, respondent no 3 is not honouring the same, none has effected appearance on behalf of the said respondent despite notice.
In the given circumstances, where the respondent no 3, who is occupying the port area with an arrangement of respondent no 2, it is quite dismay that the said respondent no 2 can not enforce his own rights under the law and no penal action against respondent no 3 has been taken under clause (2) of section 156 of the act.
Petition stands disposed along with pending applications with directions to respondent no 2 to use all legal means to ensure that the goods of petitioners are released at no cost on account of delay, detention or demurrage from the respondent no 3 and file a compliance report within fifteen days to MIT-II”.
