KARACHI: The Sindh High Court (SHC) directed customs officials to make sure filing their para wise comments on a constitutional petition filed by M/s Badar Enterprises seeking restraining order from carrying out final assessment of the consignments of aseptic packaging materials imported by the petitioner on the basis of the valuation ruling no 1381 of 2019 dated 12/07/2019.
On 4 October 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter. During the hearing, counsel argued that petitioner is seriously aggrieved by the act of the respondents, who introduced impugned valuation ruling and framed there-under purportedly, determined/fixed the values of aseptic packaging materials vide the impugned valuation ruling, director valuation ruling has acted in violation and excess of the powers conferred thereupon under the Customs Act, 1969.
He further submitted that the issuance of the impugned ruling has resulted in serious harm and loss to the petitioner as well as other stakeholders in the local markets. The actual price paid/payable for the impugned goods remains significantly lower than the value unlawfully fixed through the impugned valuation ruling, however, despite the patent illegalities therein, director valuation has deemed the impugned ruling fit for the purposes of assessment of imported consignments of aseptic packaging materials.
Citing Sectary Revenue Division, The Collector of Customs Appraisement West, DG Valuation Ruling as respondents, petitioner pleaded the court may declare that consignments of aseptic packaging materials, freely importable goods, imported by the petitioner is liable to be released on the provisional basis until final decision by the DG valuation under section 25D of the Customs Act, 1969.
He further pleaded that in the alternative, direct that the said consignments imported by the petitioner be assessed in accordance with section 25 of the Customs Act, 1969 and direct them to release it immediately.
