KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to submit their respective para wise comments on a constitutional petition filed by an importer namely HayatUllah against detention of imported tyres which was purchased through auctioning by customs officials after fulfilment of all the legal formalities.
On 5 June 2021, counsel for the petitioner stated that petitioner purchased the auctioned tyres from one Muhammad Sadiq and the said person being the highest bidder in auction proceedings dated May 10, 2018 was succeeded to the release of the said tyres through the delivery order from customs officials.
He said that petitioner has transported the said tyres for his business purpose from Quetta to Karachi, while the said consignment was interrupted by the customs officials and the said consignment was taken into the possession by the customs department, the statutory procedure was followed, show cause notice issued to the petitioner by the customs officials and lastly the said consignment was sent to the customs adjudication process @ Quetta Camp/ Hyderabad, where the customs adjudication authority issued order in original dated Oct 21, 2019 whereby the said consignment was said to be confiscated.
He argued that the said order in original was assailed by the customs appellate tribunal bench-III and the same was allowed accordingly, tyres were released unconditionally.
It is very pertinent to mention it here that on the cancellation of the business deal said tyres were sent back to Quetta by the petitioner, while getting another order of tyres, said consignment was again transported to Karachi and one again interrupted by the customs officials which was confiscated.
Citing Chairman FBR, Collector of Customs and Assistant Collector of Customs Range Office Sukkur as respondents, petitioner pleaded the court to declare that to stop the operation of the impugned noticed dated April 15, 2021 until the fate of the customs appeal came out as per law and court may also declare that act of the respondents is illegal, mala fide and arbitrary.
