KARACHI: The Sindh High Court (SHC) issued pre-admission notices to customs officials and deputy attorney general and directed them to file their respective para wise comments on a constitutional petition filed by M/s AB Saeed Private Limited against detention of its imported consignment of wood free printing paper under classifiable under PCT Heading 4802.5510.
On Nov 17, a two-member bench, headed by Junaid Ghaffar heard the matter.
During the hearing, counsel for the petitioner stated that petitioner imported a consignment of assorted types of paper, including wood free printing paper classifiable under PCT Heading 4802.5510 and filed Goods Declaration (GD) in terms of section 79 (1) of the customs act, 1969.
He further stated that GD was checked and the examination report furnished by the officers of the respondents confirmed the petitioner’s declaration, including description, however, respondents out of the blue by exercising the arbitrary powers instead of releasing the petitioner’s goods, framed a contravention report against the petitioner with the allegation that the petitioner’s imported consignment is security paper this importable subject to production of the NOC, to be issue by the M/s Security Printing Corporation of Pakistan as per serial no 12 of part-II of Appendix B of the import policy order, 2016.
He argues that after listening to the arguments from both sides, customs appellate tribunal holds that the petitioner’s goods should be considered as standard wood-free printing paper, instead of security paper for printing of cheques.
He further argued that petitioner approaches the respondents with a request for release of subject consignment, however, despite the lapse of more than 70 days and the clear direction provided by appellate tribunal, customs officials refused to implement the judgment.
Citing chairman FBR, collector of customs appraisement West, The Deputy Collector Group-III and deputy collector of adjudication-I as respondents, petitioner pleaded the court may direct them to release the petitioner’s consignment of wood free printing paper in compliance of the judgment passed by the appellate tribunal.
He further pleaded the court to direct them to issue a delay and detention certificate as per the provision of section 14A of the customs act, 1969.