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SHC restrains customs dept from auctioning of tyres’ consignment

SHC restrains customs dept from auctioning of tyres’ consignment

KARACHI: The Sindh High Court (SHC) restrained the customs department from auctioning the consignment of tyres and allied items on a petition filed by  Khursheed Impex Company Private Limited against seizure of its consignment by customs officials.

On September 14, 2018, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.

During the hearing, counsel for the petitioner submitted that petitioner will be satisfied and not process petition provided that respondents may be decided to proceed with pending special customs reference application filed against the order of the customs appellant tribunal and shall not auction the subject consignment of the petitioner, which is subject matter of instant petition.

During the hearing, no one appeared behalf of the respondents except assistant attorney general who does not oppose to the disposal of the petition in the aforesaid terms, therefore, after the arguments, court passed order that “petition stands dismissed as not pressed along with listed applications however with the direction to the respondents for proceed with special customs reference application 2175/2015, however, till disposal of the aforesaid SCRA, respondents shall not put to auction the said consignment of the petitioner”.

Counsel for the petitioner stated in his petition that it is lawful importer of tyres and always fulfills all the legal formalities according with law, however, officials of the customs department issued show cause notice to the petitioner and seized its consignment of tyres and allied items without showing any legal and lawful authorities and reasons.

Citing Secretary Revenue Division, Collector of Customs Collectorate Preventive, deputy collector of Customs Auction as respondents, he pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary, he also pleaded that the court may direct them to release his consignment immediately and restrain them from taking any coercive action against the petitioner till final order in this petition.