KARACHI: The Sindh High Court (SHC) directed customs officials to make sure filing their comments on a constitutional petition filed by Amir Rafique, proprietor of M/s A.N Enterprises seeking release order for consignment of spare parts of Belarus Tractor at value of US$ 65000 instead of value US$30064.81 approximately 117% higher.
On 12 December 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
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During the hearing, counsel for the petitioner argued that petitioner has imported consignment of above mentioned goods and filed goods declaration according with law at the rate of $65000, however, customs officials assessed its consignment at the rate of $30064.81 which is approximately 117% higher than actual price.
He submitted that petitioner willing to pay 75 percent balance amount as soon as possible if appropriate decision is taken by the respondents, however, customs officials did not respond the letter/ request dated Nov 12, 2019 made by the petitioner.
He further argued that since no effective remedy is provided under section customs act, 1969 and the respondents have acted in a patently unlawful manner, therefore, petitioner has been left with no alternative efficacious remedy except to invoke the extra ordinary constitutional jurisdiction of this court.
Citing collector of Customs Appraisement Port Muhammad Bin Qasim, deputy collector (G-VII) Appraisement Port Muhammad Bin Qasim and chairman FBR as respondents, petitioner pleaded the court to allow the application submitted under section 25-C of the customs act, 1969 and hand over the consignment of spare parts of Belarus tractor imported vide goods declaration according with the law.
He further pleaded the court to release the consignment in question strictly in accordance with the statutory provisions of section-25 C of the customs act, 1969 and directed the respondent no to hand over the under invoiced consignment to the importer namely M/s Amwar Trading without the permission of this court.
