KARACHI: A division bench of the Sindh High Court (SHC) issued notices to customs officials and directed them to file their respective parawise comments on a constitutional petition filed by Affan Usman Ghani, proprietor of M/s A.M. Corporation against detention of imported consignment of playing cards.
On 13 November 2020, counsel for the petitioner stated that petitioner’s firm imported a consignment of different items including paper playing cards and filed goods declaration for clearance of the same, goods were released except paper playing cards on payment of customs duty and taxes.
He further argued that customs officials seized the playing cards on the ground that the Directorate IPR Enforcement South, Karachi have received a complaint regarding violation of trade mark under rules 680 (4) of the customs rules, 2001 from M/s Nasir Trading Company Karachi that there is a rights/ determination dispute over angel brand playing cards.
He further argued that customs officials issued a show cause notice to the petitioner required under section 180 of the customs act, 1969, however, petitioner requested them for release of the consignment, however, till today no reply is received from the customs authorities.
Citing chairman FBR and collector of customs Appraisement West as respondents, petitioner pleaded the court to declare that the act of the detention of consignment playing cards of the petitioner by the customs officials is arbitrary, illegal, malafide and without jurisdiction.
He further pleaded the court to direct them to immediately release the consignment of the petitioner and issue delay detention certificate as per section 14A of the customs act, 1969 and restrain them from taking any adverse action against the petitioner till final order in the constitutional petition.
