KARACHI: The Sindh High Court (SHC) directed the customs officials to file their final comments on a constitutional petition filed by Nadeem Khan S/o Kashif Khan, sole proprietor of M/s Quick Contractors and Traders, seeking release order of the old and used prime movers seized by the customs authorities for being restricted items.
A two-member bench, headed by Justice Munib Akhtar, heard the constitutional petition.
Earlier, counsel for the petitioner stated that petitioner is engaged in the lawful business.
He further submitted that the petitioner has imported a consignment of machinery (old and used prime movers) having Japan origin and residual life of 10 years with Euro-II & Euro-III emission standards in nine containers and filed goods declaration as per law. However after the examination, respondent alleged that the petitioner had imported restricted items and mis-declared the description of the said goods.
According to the counsel for the importer, it moved an application before authority concerned which directed the respondent to issue delay certificate and release its consignments. However customs authorities are not following such order of the appellate authority.
Citing Secretary Revenue Division, Additional Collector of Customs, Model Customs Collectorate, Port Muhammad Bin Qasim as respondents, he pleaded the court to kindly declare that act of the respondents illegal, mala fide and arbitrary. The importer also pleaded the Sindh High Court to kindly direct them to release the said consignments along with the delay certificate.
