KARACHI: A two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal issued notices to the customs officials and directed them to file their respective comments on a constitutional petition filed by Ubaid-ur-Rahman, proprietor of M/s Ubaid Enterprises against detention of imported artificial jewellery by customs officials.
On 23 September 2021, during the hearing, counsel for the petitioner appeared before the court, however, counsel for customs for the customs department seeks further time to submit departmental comments.
Counsel for the petitioner argues that petitioner is engaged in the business of import, artificial/ imitation jewellery and its accessories and purchased various types of artificial/ imitation jewellery namely artificial jewellery without beads along with artificial jewellery with beads and its accessories namely hair accessories and glass bangles.
Counsel argued that during the course of business, petitioner imported above mentioned goods and filed a goods declaration according with law and requested customs official to release petitioner’s imported consignment, however, petitioner was informed that petitioner’s consignment was detained by the customs officials due to disputed valuation and after few days, petitioner was informed that customs officials have enhanced the value of imported consignment without lawful authority and any legal effect.
Citing Sectary Ministry of Revenue, Collector of Customs Port Muhammad Bin Qasim, Collector of Customs Appraisement East, Director General of Customs Valuation as respondents, he pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He also pleaded that the court may accept this petition and declare that respondents have no jurisdiction to fix the value of any item, set aside the value of imitation jewellery and restrain them from taking any adverse action against the petitioner till final order in this petition.
