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M/s Mayo Enterprises approaches SHC against lodging FIRs, detention consignments

M/s Mayo Enterprises approaches SHC against lodging FIRs, detention consignments

KARACHI: Zeeshan Liaqat, proprietor of Mayo Enterprises approached the Sindh High Court (SHC) against lodging of first information reports (FIRs) and alleged unlawful detention/ putting on hold under clearance goods declarations of different importers containing furniture items, LED light/ bulb etc.

On November 7, 2019, counsel for the petitioner filed a constitutional petition and argued that during normal course of business, the importers M/s Aleem Enterprises, M/s Rana Enterprises, M/s Laiba Traders imported four consignments of aforesaid-mentioned items from China and on arrival of consignments at South Asia Pakistan Terminal (SAPT), East Wharf Karachi the petitioner filed goods declarations on behalf of the importers.

He further submits that consignments were subjected to physical examination for verification of all material aspects like description, quantity, weight, origin, etc prior to assessment thereof through Red Channel of Customs Computerized Clearance System whereby material particulars were found/ reported as per declaration and no discrepancy/ violation of IPO, etc was observed and reported.

He argued that however, reportedly the import invoices, ought to be placed in the containers by the shippers, were not found by the examination staff, hence as per law and established practice, the cases were adjudicated vide-orders-in-original and penalty of Rs5,000 each was imposed on each consignment for missing invoice under section 156(1) clause i(ii) of the customs act, 1969, meanwhile, to the utter dismay of the petitioner, while the goods declarations were required to be further processed and assessed by the concerned processing section i.e group (VIII) of the clearance Collectorate in the light of the examination report and relevant valuation ruling issued by the DG valuation, the functionary of the respondents unlawfully intercepted/ interfered in the process of assessment and clearance and mala-fide put on hold all the consignments without disclosing any reasons for such unlawful detention and lodged FIRs against petitioner and above mentioned importers.

Citing secretary Revenue Division, Collector of Customs Appraisement East, Deputy Collector of Appraisement East and others as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and quash the criminal proceedings initiated against the petitioner.