KARACHI: The Sindh High Court (SHC) issued notices to the customs department and deputy attorney general of Pakistan and directing them to file their respective para wise comments on a constitutional petition filed by M/s Sultan & Co against detention of its imported consignment of stationary etc.
On 27 August 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioner submitted that petitioner preferred an appeal before the customs appellate tribunal along with an application that the petitioner be allowed to deposit the pay order of the differential amount and the grievance of the petitioner may be heard and whatever decision will be arrived at by the appellate tribunal shall be obeyed.
He argued that petitioner has come to know that the appellate tribunal is nonfunctional and no interim order under section 81 of the customs act, 1969 can be passed.
He further submitted that consignment of the petitioner comprising stationary items is lying at port and some consignments are in the pipeline and if an order under section 81 of the customs act, 1969 is not granted to the petitioner, the petitioner shall be out of business and will suffer a colossal financial loss resulting in total loss of business.
Counsel stated that in absence of the facts that the appellate tribunal not functional at the moment, the petitioner has no way to get his consignment on his declared value and deposit of pay order of the differential amount, except by way of this petition, hence this petition.
Citing DG valuation and director Valuation as respondents, petitioner pleaded the court may allow the petitioner to deposit the postdated cheque of the differential amount before the nazir of this court so that the petitioner be saved from the heavy demurrage and such deposit shall be subject to the final decision of the appeal by appellate forum.