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SHC directs to release consignment imported by M/s Torghar Enterprises

SHC directs to release consignment imported by M/s Torghar Enterprises

KARACHI: The Sindh High Court (SHC) directed customs officials that request of the petitioner for provisional release of the consignment subject to securing the disputed amount of duty and taxes before the concerned collectorate in the shape of pay order/ bank guarantee shall be considered in accordance with law and compliance report be furnished before this court on next date of hearing on a constitutional petition filed by M/s Torghar Enterprises.

While the hearing of petition, on June 24, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also issued notices to the customs department and deputy attorney general directing them to file their para wise comments on next date of hearing.

During the hearing, counsel for the petitioner stated that during the normal course of business, the petitioner imported zipper in role (nylo/ plastic) from China and filed goods declaration accordance with law, however, despite fulfillment of all legal formalities, customs officials detained the consignment due to alleged valuation.

He further argued that officials of the customs forcibly implement the so-called valuation ruling upon regular importers of said items to harass them in violation of section 25(1) of the Customs Act, 1969, deals with transactional value of said items. He said that petitioner approached the appellate forum, however, appeals is still pending before the appellate forum.

Citing secretary Revenue Division, collector of Customs Appeals, deputy collector of Customs Group-VIII, Appraisement West, Collectorate of Appraisement West and others, petitioner pleaded the court to declare that directed customs appeals to issue number to the appeal filed by the petitioner and after hearing the parties decide the same within month in accordance with law.

He further pleaded the court to direct them to release his consignment and direct the respondents to issue delay and detention certificate, waiver of demurrage and the detention charges etc to the petitioner and grant any other relief, which is deemed appropriate in these circumstances of the case.