KARACHI: The Sindh High Court (SHC) directed customs 0fficials to file their respective para wise comments on a constitutional petition filed by M/s Fayaz Trading Impex against holding duty paid consignment of the petitioner comprising herbal items.
On 8 February 2021, counsel for the petitioner stated that his client is a law abiding citizen of Pakistan, and owner of registered trade mark DIEFEI in class 03 in respect of herbal creams, face creams, lotions, fairness creams, soaps, perfumery, essential oils, cosmetics and make up and imported a consignment and filed goods declaration for clearance of empty aerosol cans and also filed all the required documents including trade mark certificate of “DEIFEI” and paid applicable duties under the self-assessment, however, goods declaration was to be assessed by the customs officials that it turned out that other officials who put hold on the consignment.
Counsel argued that on October 22, 2020, petitioner joined the proceedings and argued all the ground questioning the maintainability of the proceedings in the absence of application of right holders and other grounds, which are taken in this petition, to the utter shock and dismay of the petitioner, he was put on waiting to know the outcome of the proceedings that he received show cause notice dated Nov 21, 2020.
He submitted that he was never told about the outcome of rights-determination proceedings by the customs officials on much insistence, he was provided illegible copy of seizure, however, the same can be read from the show cause notice.
Citing secretary revenue division, Directorate of IPR Enforcement South, collector of Customs Appraisement East and others as respondents, petitioner pleaded the court to declare that to hold the assumption of jurisdiction by the customs officials without prior and proper application in terms of SRO 170(I)/2017 dated March 16, 20217 is illegal, without jurisdiction and void ab initio.
He further pleaded the court to quash proceedings initiated by the customs officials being illegal and void ab initio and direct them to immediately release the duty paid consignment of the petitioner.
