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SHC directs to release consignments imported by M/s Brother Enterprises on bank guarantee

SHC directs to release consignments imported by M/s Brother Enterprises on bank guarantee

KARACHI: A two-member bench of Sindh High Court (SHC) directed customs officials to provisionally release the consignments consisting fabrics and goods on bank guarantee/ pay order on a constitutional petition filed by M/s Brother Enterprises and others.

On 18 November 2020, during the hearing, counsel for the importers argued that petitioners have imported various consignments of fabrics and goods as detailed in prayer clause (b) of the petitions and customs officials on the ground that the review application filed by petitioners under section 25D of the customs act, 1969 stands dismissed by the directorate general of customs valuation.

He further argued that such order has been impugned before the customs appellate tribunal which at present are non-functional and therefore, these petitions filed for seeking interim relief.

After the hearing, the court observed in its order that “in the circumstance, let the disputed amount be deposited with the nazir of this court in respect of the goods declaration and bill of lading/ container numbers as mentioned in prayer clause (b) of both the petitions and once the amount is deposited, nazir shall issue appropriate certificate which shall be presented before the Collectorate who shall release the consignments forthwith.

The amount so deposited by the petitioners shall be invested in any government profitable instruments”.

Court also issued notices to customs officials and deputy attorney general and directed them to file their respective para-wise comments for the next date of hearing.

Earlier, citing chairman FBR, directorate general of Customs Valuation,  chief collector of Customs Appraisement South, collector of Customs Appraisement West, East and Port Muhammad Bin Qasim as respondents, petitioners pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.

Counsel further pleaded the court may direct them to release the consignments immediately.