KARACHI: Ali Masoom, proprietor of M/s Ali Traders has approached the Sindh High Court (SHC) and filed a constitutional petition against seizing its cutch (Katha) imported from Amristsar India by rail seized by Customs Preventive & Preventive ASO, Karachi.
On 28 September 2020, counsel for the petitioner submitted that petitioner imported 400 cases of (cutch) each weighing 50 kilo grams making a total of twenty thousand kilo grams with a gross weight of twenty four thousand eight hundred kilo grams and goods so imported were imported via Lahore from Amristsar (India) by rail and the goods declaration was filed on arrival of the consignment at Lahore.
He submitted that petitioner was shocked when he came to know that on September 11, 2020 a team of ASO officials raided the warehouse of petitioner and seized all the cutch imported by the petitioner and taken away.
He argued that till date no FIR has been lodge in this matter as the goods are lawfully imported and the petitioner is being coerced to give up his claim and the petitioner therefore fears that coercive measure be adopted against the petitioner to compel the petitioner to give up any claim over his illegally seized goods and the petitioner has no way to convince the respondents and/ or their sub-ordinate staff to act in accordance with law.
Citing Collector of Collector of Customs Preventive, Superintendent Preventive ASO and Chairman FBR as respondents, petitioner pleaded the court that cutch (Katha) not being a notified item the provisions of section 2(s) of the customs act, 1969 are no attracted and the goods so seized/ removed were not liable confiscation in terms of section 168 of the customs act, 1969 and therefore liable to be returned to the petitioner.