KARACHI: The Sindh High Court (SHC) has directed the customs department to file para wise comment on an appeal filed by collector Hyderabad challenging the order of the Customs Appellate Tribunal which directed the customs authorities to release the 519 sprinkle lorries which were seized by customs authorities against the import policy. A two-member bench, comprising Justice Munib Akhtar and Justice Seeduddin Nasir, was hearing the appeal.
During the hearing, counsel for the department sought time to submit its para wise comments. However, counsel for the respondents has drawn attention to the fact that although order of the appellate tribunal is in his favour but subject vehicles in this and connected bunch of reference applications are still not being released, therefore, court adjourned the hearing for October 28, 2016 and directed the customs authorities to file question of law and should be prepared with appropriate explanation otherwise court will pass the order as is deemed appropriate.
Earlier, counsel for the applicant stated in its appeal that Haji Abdul Razik Khan imported 30 old and used Hino trucks dated 30/01/2014 under the contained of import policy order 2013, being the subject matter of the instant reference application under which the sprinkle lorries were only importable of the age more than 5 years old.
According to applicant before filing the goods declaration (GDs) for clearance of Hino trucks, respondent had with ulterior motive managed to get cleared a consignment of 519 Hino trucks by filing that goods declaration at Dry Port Hyderabad on the basis of unlawful enhancement.
Counsel for the applicant further argued that when the matter was brought to the knowledge of the FBR Islamabad the further clearance of the said Sprinkle Lorries was stopped, however, being aggrieved respondent file an appeal before the tribunal which allowed its appeal and directed the custom department to release the said consignment.
Citing Haji Abdul Razik Khan and Customs Appellate Tribunal as respondents applicant pleaded the court to declare that order of the appellate tribunal order is illegal mala fide and unlawful.
