KARACHI: The Sindh High Court (SHC) has called explanation form tax authorities as to why the court order appears to have been violated on an constitutional petition filed by Abdullah, seeking release of 60,000 liters HSD which has been auctioned despite court’s restraining order. A two-member bench, comprising Justice Munib Akhter and Justice Anwar Hussain, heard the petition.
During the hearing, Incharge State Warehouse, Customs Collectorate, Hyderabad filed a reply in which he informed that it is worth mentioning here that 60,000 liters HSD and Hino oil tanker bearing registration number TLE-229 have deposited in State Warehouse, Hyderabad by anti-smuggling squad dated 29/04/2015.
Customs Collectorate, Hyderabad, issued a notice under section 201 of Customs Act, 1969 on 05/05/2015 before auction of the said HSD and after approval of competent authorities the same HSD was auctioned at @ 62/- per liter to M/s Kepler Petroleum Pvt Ltd.
Now the court directed Collector of Customs, Hyderabad to appear in person on the next date of hearing along with relevant record and prepare explanation as why the court order appears to have been violated. The court also warned that in case he will not attend the court, then the court may adopt coercive means to ensure his attendance. The court also continued the interim order and adjourned the hearing for August 25, 2016.
Earlier, counsel for the petitioner stated that officials of the customs authorities had sent a letter to the petitioner dated 28/04/2015 that the subject property has been seized on a belief that it may have been smuggled into Pakistan, however, as is evident from the contents of the said letter, no grounds of seizure have been mentioned.
Citing secretary Ministry of Finance, chairman Federal Board of Revenue (FBR), Customs Collectorate, Hyderabad and others as respondents, petitioner stated that despite court had passed restraining order, the officials of the respondents auctioned the same, court may start contempt proceedings against the contemptuous.
