KARACHI: A division bench of the Sindh High Court (SHC) issued notices to the customs authorities on a constitutional petition filed by M/s Berger Paints Pakistan Limited against detention of its imported consignment comprising raw materials, chemicals, raw substances, components, sub-components and assemblies for manufacturing of paints.
On 18 January 2021, during the hearing, counsel for the petitioner stated that petitioner is engaged in manufacturing paints and registered as a manufacturer and import different types of raw materials, chemicals, raw substances, components, sub-components and assemblies for manufacturing of above finished goods (paints).
He further argued that petitioner is aggrieved and seriously prejudiced by the actions of the respondents, who are not allowing release of the goods despite the clear-cut orders by the Collector of customs appeal and also orders of the custom’s appellate tribunal in customs appeal to which impugned goods imported vide goods declaration No KAPE-HC-98338 dated Dec 31, 2019 is not being released and put-on hold.
He submitted that petitioner also replied a show cause notice and denied the allegations and produced the ample evidences before the adjudicating officer that the goods were shipped from UAE and originated from South Korea, however, the adjudicating officer without recording any evidence and without any basis has rejected the plea of the petitioner by issuing as order-in-original dated April 07.
Citing chairman FBR and collector of customs East as respondent’s petitioner pleaded the court to direct them to immediately implement the judgment of the custom’s appellate tribunal without any delay and loss of time.
He further pleaded the court to direct them to issue delay detention certificate under the customs act, 1969, in respect of delay caused against non-release of the impugned goods and direct them to compensate the amount of demurrages, delay detention charges, container rents and any other charges which has incurred on goods from the date of its arrival to date of release on account of delay in release of the said impugned goods.
