KARACHI: The Sindh High Court (SHC) directed customs officials to file para wise comments on a constitutional petition filed by M/s Nafees Ur Rehman seeking release order of its imported consignment of 390 cartons of Indian assorted artificial/ imitation jewelery in the garb of smuggling.
On 25 January 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioner argued that irreparable loss is being incurred by the petitioner on daily basis due to unlawful and illegal detention of their subject locally purchased goods namely 390 cartons of assorted artificial/ imitation jewelery alleged to be of Indian origin by respondents weighing to be 19595 kg gross and 150 cartons containing assorted hair accessories hair pins of assorted colors, designs & sizes alleged to be of Indian origin by respondents against valid purchase vouchers, import documents and duly issued transportation bilties by the officers of respondents Collector of Customs Preventive.
He further submits that during transportation from Quetta to Karachi without inquiry and verification of the above mentioned documents obtained from the driver and occupant of the vehicle, which were falsely implicated as being smuggled, non-duty paid and of Indian Origin on the basis of assumptions and presumptions without re-course to standardizes procedure of hearing investigation verification etc.
Citing sectary Revenue Division, the Collector of Customs Preventive, the superintendent Preventive Service as respondents, petitioner pleaded the court may declare that the respondents had no jurisdiction to detain and block the lawfully imported consignment and the action taken as such is void and nullity in the eyes of law.
