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M/s Shalimar Food Products moves SHC against show cause notice

M/s Shalimar Food Products moves SHC against show cause notice

KARACHI: Naeem Ali Muhammad Munshi, proprietor of M/s Shalimar Food Products approached the Sindh High Court (SHC) challenging show cause notice issued by customs officials on allegedly importing betel nuts unfit for human consumption.

On August 06, 2019, counsel for the petitioner stated in his constitutional petition that petitioner is engaged inter alia in the processing, sale, marketing and distribution of mouth fresheners, supari and betel nuts under the brand name of Tulsi and Raily Supari respectively.

He submitted that proprietorship concern is a part of the well renowned and reputable Hilal Group of Companies which also includes M/s Hilal Foods Pvt Ltd.

He argued that customs officials issued a show cause notice to the petitioner on the basis of alleged violation under clause (9) of the Customs Act, 1969, the issuance of the impugned show cause notice is contradictory to the right of the petitioner to be dealt with in accordance with law as well as being highly oppressive and discriminatory, imposing unreasonable restrictions on the petitioner’s business which is tantamount to expropriation of business and property, violation the fundamental right.

He further argued that in compliance of the import conditions specified in the report, the petitioner applied for an import permit for the import of one consignment of the subject item from Indonesia which was duly issued to the petitioner by Department of Plant Protection, Plant Quarantine of Plant Protection and declared that the goods are free from infestation and are fit for human consumption.

He further argued that petitioner’s consignment reached at Karachi Port and approached Department of Plant Protection for issuing certificate, however, it was revealed to the petitioner that the consignment is being placed under examination for confirmation of description and consignment was stopped without illegally.

Citing secretary commerce, Chairman FBR, Director TP, Ministry of Commerce and Textile and others as respondents, petitioner pleaded the court may declare that issuing show cause notices is illegally, mala fide and unlawful and court may release his consignment immediately and suspend the operation of show cause notice.