KARACHI: A two-member bench of the Sindh High Court (SHC) disposed of a constitutional petition with directions filed by M/s Al Asar Traders seeking release order for imported consignment, comprising spun lace non-woven air through non-woven.
On 5 November 2021, a two-member bench, comprising Justice Shah Muhammad Siddiqui and Justice Agha Faisal heard the matter.
During the hearing, Arif Ali holding briefs on behalf of Imran Iqbal Khan Advocate, Kafeel Ahmed Abbasi deputy attorney general of Pakistan, Hussain Bohra assistant attorney general of Pakistan appeared before the bench.
After the hearing, the court disposed of the said petition with directions that “although notices have been served upon respondents No 2, 3, 4 (customs officials), however, no one has appeared. This is apparently a cover case in terms of the judgment of the Sky Overseas as reported in 2019 PTD 1964.
Both counsels have no objections if this petition is disposed of with the same reasoning and conclusion by applying the judgment mutandis order, accordingly”.
Earlier, counsel for the petitioner argued that petitioner is a lawful importer of above-mentioned goods and during the course of business, imported the same and after fulfillment of all the legal formalities, filed goods declaration according to law on the basis of data US$ 2.10/kg.
Counsel added that, however, customs officials held the above-mentioned consignment and enhanced the valuation under the garb of valuation ruling no 264/2016/2018 without lawful authority and illegally.
Citing Chairman Federal Board of Revenue, Collector of Customs Appraisement East and Director General Valuation as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
He also pleaded the court may direct them to release petitioner’s consignment immediately and restrain them from taking any adverse action against the petitioner till final order in this petition.
