KARACHI: The Sindh High Court (SHC) issued notices to the customs department and directing them to file their para wise comments on a petition filed by importer Syed Shahbaz Aziz against detention of imported consignment.
On 21 February 2020 counsel for the petitioner stated that petitioner being Pakistani national is an employ of a clearing agent and was engaged for his services by passenger Muhammad Tariq who traveled from China to Pakistan and brought non-banned/ non-restricted goods as per import policy order, 2016 in commercial quantity as defined under rules 2-C of the baggage rules, 2006 with unaccompanied baggage.
He further submitted that goods brought by the importer through a vessel in container bearing no: WHSU-5595490, the goods are electronic items, kitchen wares, furniture and auto parts etc which are not fall under prohibitions in terms of rules 16 of the baggage rules, 2006 either.
He argued that along with baggage declaration a list of goods brought by the passenger has been submitted to the subordinate officer of the customs preventive who duly received the list of goods/ items under his officials stamp, however, after the examination, without alleging any mis-declaration, customs officials given direction for preparing submission of pay order for payment of assessed duty and taxes in compliance of rule 17 of the baggage rules, which was prepared in favor of collector of customs preventive and after that a first information report (FIR) has been lodged against the passenger on the allegation of smuggling as defined under 2(s) of the customs act, 1969 is proved to be malafide and abuse of law and powers.
Citing chairman FBR, collector Appraisement East and Tariq Mehmood, Inspector Preventive as respondents, petitioner pleaded the court to set aside FIR and restrain them from taking any coercive action against the petitioner till final order in this petition.
