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M/s Khalid Traders approaches SHC seeking restraining order against auction proceedings

M/s Khalid Traders approaches SHC seeking restraining order against auction proceedings

KARACHI: M/s Khalid Traders approached the Sindh High Court (SHC) and filed a constitutional petition seeking restraining order against auction proceedings of its imported consignment of rice bearing.

On 26 February 2020, counsel for the petitioner stated that in the year 2011 and 2014 consignments of Rica bearings were imported by the family companies namely M/s Sindh Bearing Agency and M/s Alliance Allied Agencies from China and said consignment was booked vide M/s Majid Goods Transport Company from Karachi to Peshawar, at the time of booking copies of said goods declarations were also provided to transport.

He further submitted that on arrival of said goods at Dera More the Customs Preventive staff Sukkar stopped the truck bearing registration no C-1370 and after checking detained 84 cartons of Rica bearing of the petitioner on the basis of false presumption that the said goods were non-duty paid, consequently, the goods of the petitioner were seized by the customs officials.

Counsel said that on basis of detention memo and seizure notice a show cause notice were issued the petitioner, however, the respondents failed to consider legal as well as factual position of the case and passed the impugned order-in-original whereby the legally imported rica bearing were confiscated by the respondents out rightly, which is unjust, void as inito and without lawful authority.

Petitioner argued that now, it came to know to the petitioner that respondents have started auction proceedings which is mala fedely and without following the due process of law, which is unjust, void and without lawful authority.

Citing deputy collector of Customs, the Superintendent Customs State Ware House Sukkar and Chairman FBR as respondents, petitioner pleaded the court to suspend the operation of impugned auction letter to the extent of petitioner’s goods falls under serial no 1 and 2 till the final decision of the case.