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SHC directs to release consignments imported by M/s Radium Silk Factory & others

KARACHI: A division bench of the Sindh High Court (SHC) directed customs officials to release consignments of fabrics and deposited amount shall be invested in any government profitable instruments on a constitutional petitions filed by M/s Radium Silk Factory and others.

On 27 October, 2020 during the hearing, Ovais Ali Shah advocate appeared before the court and argued that petitioners imported various consignments of fabrics and goods as detailed in prayer clauses (b) of the petitions and the customs authorities have refused provisional release of the consignments on ground that the review application filed by both the petitioners under section 25D of the customs act, 1969 stands dismissed by the DG Valuation.

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

After the hearing, court observes in its order that “in the circumstances, 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 one 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”.

Earlier, citing Chairman FBR, DG valuation, chief collector of Customs Port Qasim, collector Appraisement West and East as respondents, petitioners pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary and direct them to release their consignments on provisional release.

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