KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to file their respective para wise comments on next date of hearing, on a constitutional petition filed by M/s Dada Dairies Private Limited against detention of its imported consignment comprising fans for dairy sheds with all standard accessories (USA), fans blades, fans motors and tool kits for assembly etc.
On 23 February 2022, during the hearing, counsel for the customs department appeared before the court and sought time to submit para wise comments for next date of hearing. Court adjourned the case and continued interim order which was passed earlier.
It needs to be mentioned here that court had directed customs officials not en-cash the bank guarantee till next order in this petition.
Counsel for the petitioner states that petitioner imported fans for dairy sheds with all standard accessories (USA), fans blades, fans motors and tool kits for assembly at total consideration of value at US$ 94,772.50 and filed goods declaration whereby the customs deputy on fans for used in dairy sheds is 3 percent subject to certain conditions mentioned therein.
He argued that but customs officials did not accept and proposed to assess the same on statutory rate of duty 20%, however, goods were release on provisional release and now petitioner is aggrieved and seriously prejudiced by the actions of the customs officials being a government functionary who have attempted to encash the bank guarantee for Rs3,339,000.
Citing Chairman FBR, Collector of Customs Appraisement East, the General Manager (Tariff) Engineering Department, Ministry of Industry 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 not to en-cash bank guarantee and restrain them from taking any adverse action against the petitioner till final judgment in this petition.
