KARACHI: The Sindh High Court (SHC) directed customs officials to release the consignment of prime hot rolled alloy steel sheet in coils on bank guarantee on a petition filed by M/s Bajwa & Company Private Limited against imposition of Regulatory Duty under Section 18 (3) of the Customs Act, 1969.
A two-member bench, headed by Justice Aqeel Ahmed Abbasi, heard the matter on August 09, 2018. The court also issued notices to the customs officials and deputy attorney general and directing them to file their comments on next date of hearing.
During the hearing, counsel for the petitioner is engaged in import of prime hot rolled alloy steel sheet in coils and fulfills all the legal formalities according with law and never involved in any criminal or tax evasion case.
Counsel argued that he being seriously aggrieved by the arbitrary, illegal and mala fide action of the respondents in particular the purported protection afforded to illegally levied regulatory duty by the Finance Act, 2018 and they were earlier aggrieved by the arbitrary illegal and unconstitutional acts of the respondents, whereby the respondents had issued SRO 1035(1)/2017 dated 16/10/2017 and imposed regulatory duty on said goods.
Citing Secretary Ministry of Finance, Chairman Federal Board of Revenue, Collector of Customs Appraisement East, Collector of Customs Appraisement West, Collector of Customs Appraisement Port Muhammad Bin Qasim as respondents, he pleaded the court to declare that act of the respondents as illegal, mala fide and arbitrary.
He also pleaded the court to direct to release immediately its consignment and restrain then from taking any action against the petitioner till final order in this petition.