KARACHI: The Sindh High Court (SHC) directed the petitioners to a file rejoinder on the next date of hearing 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 were allegedly declared prohibited for import by the Plant Protection Department and customs authorities.
A two-member bench comprising Justice Irfan Sadat Khan and Justice Muhammad Humayun Khan was hearing the constitutional petition.
During the hearing, counsel for the petitioner sought time to submit rejoinder, therefore, court granted time and adjourned the hearing for date in office which would be announced by office of the SHC.
It needs to be pertained here that on last date of hearing deputy attorney general had appeared before the court and submitted para wise comments which was taken on record by the court.
In a report, custom authorities had informed the SHC that fresh coconut, desiccated coconut and copra/ dry copra are after all material of coconut palm, the degree of processing of fresh coconut for making desiccated coconut and copra does not rule out probability of infestation/ infection of quarantine diseases and pests with them and even after processing, these commodities are regulated goods and capable of pathway for quarantine diseases and pests and hence which are complete prohibition under rule 21 of Pakistan plant quarantine rule 1967 read with section 3 of Pakistan plant quarantine act, 1976.
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, Secretary Revenue Division, the Collector of Customs Appraisement West, Customs Collectorate 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.
