KARACHI: The Sindh High Court (SHC) on Monday sought comments from the tax authorities and deputy attorney general of Pakistan on a constitutional petition filed by Pakistan Kiryana Merchants Association, Amir Corporation, Uzair Enterprises, Al-Khybar Tea and Foods and Makhas impex, seeking release of their consignments of dry copra and related items which allegedly declared prohibited for import by duty scaling (Quarantine) Department of Plant Protection and Customs authorities.
A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir was hearing the petition.
During the hearing, Kashif Nazeer filed power of attorney from the department. Kashif Nazeer and deputy attorney general of Pakistan sought time to submit para-wise comments, therefore, the court granted time and adjourned the hearing for October 14, 2016.
Earlier, counsel for the petitioner stated petitioner have imported the consignments of dry copra and related items which have been arrived on northern power of Pakistan international container terminal and they filed goods declarations and requested the customs authorities for releasing of said consignments.
According to the importers, on Jan 15, 2016 respondents replied and stated and clarifying that the coconut plant or its material from south India is prohibited, however, if the dry copra for oil extraction is imported and classified under H.S code 1203.00000, department has no objection on the import of the said commodity and PPRO will be issued.
Citing Ministry of National Food Security and Research, GD Ministry of National Food Security and Research, Duty Scaling (Quarantine) Department of Plant Protection, Sectary Revenue Division, the Collector of Customs Appraisement West Model Custom Collectorate and the Collector of Customs Appraisement East Model Customs Collectorate Karachi as respondents, petitioners pleaded the court my declare that action of the respondents unlawfully holding and refusing to issue the release order is illegal, knowingly that the petitioners have imported dry copra and not coconut having H.S code 0801.1100.
Petitioners also pleaded the SHC may declare that dry copra imported by the petitioners are not prohibited items in terms of rule 21 of PPQ rules, 1967and are liable for issue to release order having no jurisdiction to prohibit the import of said items, court may direct the respondents to release the consignments of the petitioners.
