KARACHI: A division bench of the Sindh High Court (SHC) directed customs officials to file their respective para wise comments on a constitutional petition filed by Baz Muhammad and M/s Askar Trading International seeking release order of imported Chines original 27,060 kilograms of dried red chili seeds seized by customs officials.
On 12 February 2021, during the hearing, counsel for the petitioners stated that petitioner no 1 purchased 540 bags 27,060 kilograms of dried red chili seeds from petitioner no 2, goods were of Chinese origin and arrived at Quetta NLC Dry Port dated Aug 24, 2020.
He submitted that prior to clearance of imported goods, the petitioner no 2 also produced NOC from the Ministry of National Food Security & Research, Department of plant protection, thereafter, the agent accordingly filed goods declarations with Pakistan Customs and got release the imported goods from customs NLC Dry Port Quetta which were loaded and for onward transportation to Karachi dated Aug 31, 2021.
He informed the court that during transportation, goods were stopped by customs officials and without any lawful authority the same was seized and issued show cause notice to the petitioners, petitioners filed an application before concerned authority which was passed an order in favor of petitioners. He stated that being aggrieved with the decision of the concerned authority, customs officials filed an appeal before the appellate tribunal and same was decided in favor of the petitioner, however, customs officials not complying order of the appellate tribunal.
Citing Chairman FBR, Collector of Customs MCC Hyderabad, Customs Appellate Tribunal and Collector of Customs Adjudication as respondents, petitioners pleaded the court to declare that the act of detaining/ seizing petitioner’s imported goods, which were ordered to be released vide order-in-original, is illegal, arbitrary and without any lawful authority.
He further pleaded the court may direct them to release the subject goods to the petitioner without any further delay and restrained them from taking any adverse action against the petitioner till final order in this petition.
