KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to file respective para wise comments on a constitutional petition filed by M/s Sajid Plastic Factory against detention of its imported consignment of poly jinyl chloride 27700 kgs due to disputed valuation.
On 18 January 2022, during the hearing, Aqeel Ahmed Khan advocate for petitioner, Kafeel Ahmed Abbasi, deputy attorney general and Khalid Rajpar Advocate for customs department appeared before the bench.
Khalid Rajpar advocate filed vakalatnama on behalf of customs officials and sought time to filing comments, deputy attorney general who appeared behalf of Chairman Federal Board of Revenue also sought time, after the hearing, court granted time and adjourned the matter for Jan 26, 2022.
Earlier, counsel for the petitioner states in his constitutional petition that petitioner is a importer, manufacturing and supply of taxable goods, plastic products and always fulfilled all the legal formalities according to law.
He submits that during the course of his business, petitioner imported a consignment of recovered poly jinyl chloride 27700 kgs and after fulfilment of formalities filed goods declaration according to law and goods also were cleared, however, customs officials restrained the same and issued notice under section 80 (3) of the customs act, 1969 and re-assessed hence higher valuation.
Counsel added that being aggrieved, petitioner filed an appeal before concerned authority which is still pending including release order.
Citing Chairman Federal Board of Revenue, Collector of Customs Appraisement West, Deputy Collector of Customs Appraisement West as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary.
He also pleaded the court to direct them to release goods on provisional release and restrain them from taking any adverse action against the petitioner till final judgment in this petition.
