KARACHI: A division bench of the Sindh High Court (SHC) issued notices to the customs authorities and deputy attorney general on a constitutional petition filed by M/s Ansari Brothers seeking release of consignment including children shoes, ladies purses and other items including contraceptives with the name “FIRE POWER” and PLAY TIME” imported from China and seized by customs officials due to alleged disputed valuation.
On 20 Oct 2020 counsel for the petitioner stated that petitioner imported several items in one consignment including children shoes, ladies purses and other items including contraceptives with the name “FIRE POWER” and PLAY TIME” from China and paid all applicable duties and taxes in the collectorate of Port Qasim.
He argued that however, customs officials put hold on the ground on the charges of its being counterfeit as the goods were imported from China and there were written “NEW YORK USA” on the description of the goods.
Subsequently, the respondent issued seizure no 7/2020 under section 15&17 the customs act, 1969 read with rules 681 (4) of the customs rules, 2001.
Citing secretary Revenue Division, Director Directorate of IPR Enforcement South and the Collector of Customs Port Muhammad Bin Qasim as respondents, petitioner pleaded the court to declare that to hold that the assumption of jurisdiction by the customs officials without proper application in terms of SRO 170(1)2017 is illegal, mala fide and without jurisdiction and void ab initio.
He further pleaded the court my quash proceedings initiated by the customs officials being illegal and void ab initio and directed them to release the duty and taxes paid consignment of the petitioner, in the meanwhile, during pendency of the petition, to order the respondents to release undisputed goods of the petitioner.
