KARACHI: The Sindh High Court (SHC) has directed the customs authorities to file their para wise comments on a constitutional petition filed by M/s Friends Petrochemical Industry against lodging FIR for mis-declaration.
A two-member bench, headed by Justice Munib Akhtar, was hearing the petition. During the hearing, counsel for the customs department sought time to file his comments.
Earlier, counsel for the petitioner stated that the petitioner firm is an importer and trader of petrochemicals and allied products and in such regards imported from Seychelles a consignment 525 metric ton of white spirit and filed goods declaration as per law.
According to the petitioner, representatives of the petitioner were informed that the respondents, in respect of the subject consignment had lodged FIR dated 20/06/2017 wherein it was alleged that the petitioner, in the garb of the white spirit had imported kerosene oil, imports, whereof, in terms of serial no 2 part-II appendix-B, of import policy order 2016, are restricted is the sense so as to be effected by approval oil marketing companies only, the FIR was lodged accordingly against the petitioner for mis-declaration, among others, in the terms of section 32 and 79 of the customs act, 1969. Counsel further argued that act of the respondents is unlawful, mafa fide intention.
Citing Secretary Revenue Division, Director Directorate Customs Enforcement, Directorate General Intelligence and as respondents, petitioner pleaded the court may declare the seizure of the subject consignment of white spirit (as evidence in the FIR dated 20/06/2017) being based upon HDIP’s earlier test report in respect thereof, is outright and mala fide in view of the contrary and contradictory stance by the HDIP’s in its latest test report.