KARACHI: The Sindh High Court (SHC) directed customs officials to release consignment comprising cobble plates in assorted size and thickness on securing bank guarantee/ pay order on a constitutional petition filed by M/s M. Yaqoob & Brothers Steel Re-Rolling Mills against detention of its imported goods.
On 6 October, 2020 while the hearing of petition, a two-member bench also issued pre-admission notices to customs department and directed them to submit para wise comments on the next date of hearing.
During the hearing, counsel for the petitioner submitted that petitioner is aggrieved and seriously prejudiced by the actions of the customs officials, whereby, they being a government functionary have detained goods and further threatened the petitioner to enforce the coercive measures against the petitioner despite the fact that the assessment under the goods declarations, declaring herein, imported cobble plates in assorted size and thickness under PCT Heading 7207.2090 has been accepted and finalized in terms of section 80 of the customs act, 1969 and the said GD has been sent to gate out/ released after verification and examination of the imported goods.
Citing chairman FBR, collector of customs West and Director Intelligence & Investigation-Customs as respondents, petitioner pleaded the court to declare that the act of the customs officials for detaining/ holding the impugned goods and/ or non allowing ex-bonding of into bond GD dated Sep 15, 2020 is unlawful, illegal, mala-fide and be quashed/ cancelled.
He further pleaded the court to declare that non-release/ hold of goods without opportunity of being heard and without any adjudicated liability exist against the petitioner is illegal and contrary to the provision of law.