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SHC bars customs officials from taking action against M/s Naimatullah Steel Works & M/s V.N Lakhani & Co

SHC bars customs officials from taking action against M/s Naimatullah Steel Works & M/s V.N Lakhani & Co

KARACHI: A division bench of Sindh High Court (SHC) directed customs officials to consider request of the petitioner for provisional release of consignments in accordance with law and no coercive action shall be taken on a constitutional petition filed by M/s Naimatullah Steel Works Pvt Ltd and M/s V.N Lakhani & Co.

On 29 September  2020, Ahmed Ali Hussain advocate appeared on behalf of the petitioner and argued that lawfully imported consignment of the petitioner consisting steel scrap, which were duly examined by the customs authorities, whereas, a message of “Gate Out” was also communicated to the petitioner, however, the said consignment has not been released by the customs authorities without assigning any reason and there is apprehension that respondents may register some false case.

After the hearing, court observes in its order that court “let pre-admission notices to the respondents as well as deputy attorney general, when, comments, if any, shall be filed with advance copy to the learned counsel for petitioner, in meanwhile, no coercive action be taken against the petitioner by the respondents, however, confront the petitioner with any adverse material, if any, before proceeding further. Respondents may also consider the request of petitioner for provisional release of the consignment of the petitioner in accordance with law”.

Earlier, citing chairman FBR, DG Intelligence & Investigation-Customs and MCC Port Qasim as respondents, petitioner during the course of its regular business imported two consignments dated June 11, 2020 of 271.725 and 243. 725 metric tons of re-rollable scrap from M/s European Metal Recycling, United Kingdom, however, customs officials hold the consignment illegally.

Counsel pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary and declare that placing a hold of the consignment to the GDs being assigned Gate Out are illegal, mala fide and without jurisdiction and nullity in the eyes of law.