KARACHI: M/s Hikmat Traders approched the Sindh High Court (SHC) and filed a constitutional petition against detention of different items from China including handle, shoes, bath room accessories, steel bottles, glass bottles, plastic bottles, locks, kitchen sinks, and other items.
On 9 January 2020, counsel for the petitioner stated that the petitioner imported different items from China including handle, shoes, bath room accessories, steel bottles, glass bottles, plastic bottles, locks, kitchen sinks, and other items under different HS codes.
He further argued that containers containing the consignments arrived at Port Qasim and true goods declaration was submitted under section 79 of the customs act with all particulars for examination of goods and assessment of customs duties under section 80 of the customs act, however, customs authorities malafidely and with ulterior motives, without any show cause notice and right of hearing to the petitioner and acting against the principle of natural justice seized the said goods under section 32 (c) of the customs act, 1969.
Counsel submitted that it is pertinent to submit that the said letter dated October 02, 2019 does not contain any content relating to the petitioner, it appears that the said purported letter dated Oct 02, 2019 is only for the malafide purpose to delay the release of the consignments of the pretext of the said letter.
He said that petitioner is suffering enormously and anxiously awaiting the examination of the goods under section 80 of the customs act and prepared to pay the import duties and other charges after the assessment of the imported goods under section 80 and 81 of the customs act, 1969 for the release of the said consignments.
Importer said that petitioner has till this date has not received any show cause notice or right of hearing from the customs authorities and the said goods are laying for the last several months without any legal justification causing huge financial losses to the petitioner besides loss of reputation and financial losses.
Citing secretary revenue Division, secretary law, chairman FBR, the collector of Customs Appraisement East, West and Port Muhammad Bin Qasim as respondents, petitioner pleaded the court to direct customs department to release its consignments and may also directed them to release goods immediately.