KARACHI: The Sindh High Court (SHC) issued notices to customs officials and directed them to file their para wise comments on a constitutional petition filed by Muhammad Atiqueur Rehman seeking imported cloth, bulbs, furniture, gas stores, lights glue machine and auto parts etc.
On 17 March 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter petitioner visited China for business purpose where he purchased goods for his trade business and house like cloths, bulbs, furniture, gas stores, lights glue machine and auto parts etc.
He submitted that petitioner could not run his business due to unavoidable circumstances, hence, returned to Pakistan on Nov 14, 2019 and brought his property goods purchased in China for his business and house in unaccompanied baggage, whereas, the goods brought by the petitioner are neither banned nor prohibited as per import policy order, 2016 read with rules 16 of baggage rules 2006.
He said that the goods brought by the petitioner are house hold and other goods which are partly in commercial quantity packed in 868 cartons/ packages and the same were loaded/ shipped on the vessel in absence of the petitioner and have been arrived in Pakistan, however, officials of customs department assessed the goods duty and taxes and payment of fine @ 20% in terms of SRO 499(1)/2009 dated 13/06/2009.
Citing chairman FBR, Collector of Customs Appraisement West, East as respondents, petitioner pleaded the court to direct the respondents to determine the value of goods in accordance with provision of section 25 of the act, 1969 brought by the petitioner in his unaccompanied baggage and release the same strictly in accordance with the law and without discrimination in terms rule 17 of baggage rules, 2006 read with SRO 499(1)/2009.
He further pleaded the court may direct the respondents to issue delay and detention certificate under section 14A (2) of act, 1969 for waiver of demurrage and detention charges from Feb 14, 2020.
