KARACHI: The Sindh High Court (SHC) directed customs department to make sure to file their comments on a constitutional petition filed by M/s Anumat Foods (SMC-Pvt) against detention of its imported consignment of foods stuff seized by customs officials due to dispute valuation.
Order came on Jan 04, 2020 when a two-member bench heard the constitutional petition.
During the hearing, counsel for the petitioner argued that petitioner is suffering since Jan 13, 2019 despite the order passed by the customs appellate tribunal bench-II at Karachi in customs appeal dated 11/09/2019 is in favor of the petitioner and the value of the goods is deteriorating day by day.
He further argued that there is no stay against the goods of the petitioner and the said goods is the only source of income of the petitioner, that the goods is perishable items and act of the refused of the goods by the customs officials is ultra-viral and the violation of articles for 4, 24, 25 of the constitution.
He said that there is no other remedy available accept to file this petition before this court to provisionally release the goods of the petitioner is the light or order passed in C—6939/2017, because these are perishable items, equity, justice, goods conscience require that this court may be pleased the to declare the steps/ acts of the respondents are illegal, void, ab initio and without jurisdiction and petitioner crave to leave further additional arguments are to be advanced at the time of hearing this petition.
Citing sectary Revenue Division, collector of Customs Adjudication and deputy director, Directorate of Intelligence & Investigation FBR as respondents, petitioner pleaded the court to direct them to provisionally release the goods of the petitioner to save the petitioner from misappropriation and misused of said goods by the officials of respondents for their personal needs, petitioner is prepare to furnish a solvent surety for interim custody.
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