KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to make sure filing their comments on a constitutional petition filed by M/s Allgreen Agrochemicals Private Limited against detention of its imported consignment of Ethephon 89% Tech detained by officials of The Collector of Customs MCC Appraisement West.
On 1 April 2021, court heard the matter, during the hearing, counsel for the customs department sought time for filing comments, therefore, court gave time and directed him to file comments on the next date of hearing.
During the hearing, counsel for the petitioner stated that petitioner imported Ethephon 89% Tech and filed goods declaration at the rate of US$ 57, 600 along with its packing list and certificate of analysis.
He further informed the court that however, petitioner is aggrieved and seriously prejudice by the actions of the respondents, who are illegally holding the processing of the goods dated Jan 05, 2021, wherein each officer intend to classify the goods under PCT heading 3808.9990 and 2931.3999 as against his declared under PCT heading 2933.1990 resulting to which the goods are not being released/ held up and incurring huge port demurrages, detention charges besides other financial charges being incurred on daily basis.
Counsel argued that cause of action has arisen on the day when the consignment has arrived at port and the assessment of the consignment is being arbitrarily made under PCT heading 3808.9990 or 2931.3999 as against declared heading 2933.1900 the petitioner has approached to the respondent vide application dated Dec 15, 2020 for which no response to the said applications have been received yet.
Citing chairman FBR, collector of Customs Appraisement West as respondents, petitioner pleaded the court to declare that the above-mentioned goods are classifiable under PCT Heading 2933.1900 as declared by the petitioner and the goods are liable to be released out rightly.
Petitioner further pleaded the court to direct them to immediately allow provisional release of the imported consignment under section 81 of the customs act, 1969 and restrain them from taking any adverse action against the petitioner.
