KARACHI: A division bench of the Sindh High Court (SHC) issued notices to the customs department and directed them to file their respective para wise comments on constitutional petition filed by M/s Driveline Motors seeking an order for allowing re-export for the Mercedes Benz Car in favour of the petitioner.
On 26 December 2020 during the hearing, counsel for the above mentioned importer stated that petitioner shipped a Mercedes Bezs to Karachi from United Kingdom, however, consignee named in the bill of lading refused delivery of the said car and a request was also made in this regard to the customs authorities to re-ship the said car to the port of loading.
He further stated that accordingly upon arrival of the said car in Pakistan, M/s Faran Agencies, local authorized representative of the petitioner wrote letters to the customs authorities requesting to declare the said car as frustrated cargo and permission be given to re-export the case, it is pertinent to note that no goods declaration was filed by the consignee with the customs authorities.
He submitted that while the application for re-export of the said car was still pending, a show-cause notice was issued by the respondents upon the consignee, the SCN was neither served upon the petitioner nor upon its local authorized representative, who was continuously appearing before the customs authorities to know the statues of the petitioner’s application for the re-export of the said car.
He further submitted that customs officials passed order-in-original confiscating the said car on the alleged charges of violation of the provisions of section 16, 32(1) and 32(2) of customs act, 1969.
Citing Chairman FBR, Collector of Customs Adjudication MCC Appraisement East and Assistant Collector of Customs East MCC Appraisement East-I as respondents, petitioner pleaded the court may declare that direct the respondents to allow re-export for the Mercedes Benz Car in favour of the petitioner.
