KARACHI: A two-member bench of the Sindh High Court (SHC), headed by Justice Shafi Muhammad Siddiqui granted urgent application and directed office to connect other reference along with this constitutional petition for December 22,2021 filed by M/s Al Jabble Lubricants Ltd seeking release order for its imported gas oil in the light of order dated July 11, 2019 passed in customs appeal which is in favor of the petitioner.
On 11 December 2021 during the hearing, counsel for the petitioner argued that the matter is on urgent basis, therefore, the court may grant urgency and fixed the nearest date for hearing, court observed that others matters are also pending on the same bench, therefore, the office is directed to connect along with this petition.
Earlier, counsel for the petitioner stated in his constitutional petition that petitioner is the law abiding and peace loving citizen and he attends the notable respect in the society and known as one of honest person and respectfully submitted here under for your kind consideration and just orders against the Collector of Customs MCC Preventive and his subordinates who refused to release the goods gas oil in question in the light of order in customs appeal No-H-1660-2017 passed by the customs appellate tribunal Karachi bench-I in favor of the petitioner accordance with law.
He further submits that petitioner is suffering since 2015 despite the order passed by the customs appellate tribunal in customs appeal is in favor of the petitioner and the value of the goods is deteriorating day by day and petitioner is suffering due to illegal acts of the customs officials which is clear violation of constitution.
He argued that petitioner shall not be left at the mercy of the respondent but his court by invoking the jurisdiction under article 199 of the constitution against the arbitrary unlawful illegal and excess misuse of power and punished/ declared the same as illegal and unconstitutional to save the vested fundamental rights of the petitioner.
Citing Secretary Finance and Collector of Customs Preventive as respondents, petitioner pleaded the court to direct them to release the goods of the petitioner in the light of order dated July 11, 2019 passed in customs appeal which is in favor of the petitioner.
Petitioner further pleaded the court may declare that the act of the respondents detaining the goods of the petitioner is illegal, ultra viral and without lawful authority especially in presence of the valid documents.
