KARACHI: The Sindh High Court directed high officials of customs department to submit their para wise comments on a constitutional petition filed by M/s Iffat Enterprises and M/s Akhtar & Sons against lodging first information report (FIR) and show cause notice issued by Model Customs Collectorate Appraisement East for charges of evasion of duty and taxes amounting to Rs. 4,350,579.
On 22 November 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioner filed petition and informed the court that petitioner imported a consignment of miscellaneous items, inter alia, including LED lights/ lighting filling, wall lights, mirror lights, CTCP printing plates etc which were freely importable items without involving any import restrictions, prohibition or conditions under the provision of import policy order and filed goods declaration as per customs rules.
He further submitted that on arrival deputy collector of Customs (R&D) Appraisement East unlawfully intercepted the consignment and after a contravention case was framed on the vague ground with charges of evasion of duties and taxes amounting to Rs4,350,579 and submitted to the adjudication authority, where upon a show cause notice has been issued despite the facts.
Citing chairman FBR, Collector of Customs Appraisement East and others, petitioner pleaded the court to declare that lodging FIR and issuing SCN is illegal, mala fide and arbitrary.
He further pleaded the court may restrain them from to blocking of petitioner NTN/ ID user, ID, arrest of the petitioners or their employees and agents in pursuance of the impugned FIR and attachment of petitioners’ property/ bank accounts or any recovery etc.
