KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to file their respective para wise comments on a constitutional petition filed by Gulraiz Waseem, proprietor of M/s I.M Enterprises and others against detention of their imported consignments due disputed valuation ruling.
On 23 August 2021, during the hearing, counsel for the petitioners argues before the bench that importers are commonly engaged in import and supply of dry copra and are aggrieved and seriously prejudiced by the actions of the customs officials, whereby, the respondents has hold the goods and not released the same despite the fact that the assessment under the goods declaration has been finalized in terms of section 80 of the customs act, 1969 and the said goods declaration has been sent to gate out staff for check out.
Counsel argues that petitioners have imported abovementioned goods from Malaysia and phytosanitary certificate from export country on the basis of such certificate the ministry of national food, security and research department of plant protection, government of Pakistan has issued import permit and release order to effect the clearance of the said goods.
Citing Chairman FBR, Collector of Customs Appraisement East and director Intelligence & Investigation-Customs as respondents, petitioner pleaded the court to declare that the act of the respondents and non-release the impugned goods imported by petitioners is unlawful, illegal.
He further pleaded the court to declare that the assessment under the impugned goods stood finalized in terms of section 80 of the customs act, 1969 and the said assessment cannot be reopened under the provisions of customs act, 1969 and declare that non-release/ hold the goods without opportunity of being heard is illegal and contrary to the provisions of law
