KARACHI: The Sindh High Court (SHC) directed customs officials to make sure filing their respective para wise comments on next date of hearing on a constitutional petition filed by M/s Ahsan Enterprises seeking return of security amount/ pay order for Rs11,25,000 paid during provisional release.
On 17 September 2021, a two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal heard the matter.
During the hearing, Sardar M Ishaque appeared on behalf of petitioner, Ms. Naima Advocate for customs department, Kafeel Ahmed Abbasi deputy attorney general and Tofeeq Ahmed, principal appraiser appeared before the court and sought time for filing comments.
Counsel for the petitioner argues that petitioner is doing lawful business of import, wholesaler, distributors etc and during the course of business, petitioner imported goods and filed goods declaration according to law, however, imported consignment was seized by the customs officials and refused to release as declared valuation.
Counsel informs the court that the customs department enhanced the valuation of Rs. 22, 83, 583 and submitted additional charges of Rs11,25,000 as provisional release.
Citing Chairman Federal Board of Revenue, Secretary Revenue Division, Chief Collector of Customs Appraisement West as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
Counsel further pleaded the court may direct them to release petitioner amounts which were paid during provisional release and restrain them from taking any adverse action against the petitioner till final judgment in this petition.
After the hearing, the court granted further time and directed customs officials to submit their comments within two weeks.
