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Mutilation may be re-examined of imported iron & steel re-roll able scrap from Hong Kong, SHC order

KARACHI: A division bench of the Sindh High Court (SHC) directed customs officials that the request of the petitioner for mutilation may be re-examined in accordance with law on a constitutional petition filed by Muhammad Khaliq son of Muhammad Sadiq, representative of M/s Shaban Steel Industry.

On 22 November 2020 during the hearing, Dr Shahab Imran Advocate has filed vakalatnama on behalf of the customs officials and sought time to file his comments; however, Sohail Muzaffar advocate for the petitioner argued that the court may direct customs officials for re-examination of mutilation.

Earlier, counsel for the petitioner stated in his constitutional petition that petitioner imported a consignment of iron and steel re-roll-able scrap from Hong Kong through a Dubai UAE exporter and filed goods declaration according to law.

He further argued that petitioner has been continuously approaching the office of the customs officials for permission for denaturing of its consignment whereas all the efforts and approaches so made have proved futile as the staff of the customs department has come up with a frivolous explanation that they will permit the denaturing of only that consignment where the scrap in excess of size required by the petitioner has been cut through flame and not through any other means.

He submitted that admittedly the consignment is oversize scrap of iron & steel and is a re-roll able scrap but such plea is being turned down which reflects upon of the respondents and ill logical action of respondent is resulting in a huge financial loss to the petitioner and is a flagrant violation of section 27A of the customs act, 1969.

Citing deputy collector of Customs PICT (Examination-East), Collector of Customs East Appraisement and chairman FBR as respondents, petitioner pleaded the court to permit the petitioner to mutilate/ de-nature/ scrapping of the consignment so to unable the petitioner to file goods declarations as re-roll able scrap under heading 7204.4910.


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