KARACHI: The Sindh High Court (SHC) directed customs officials and deputy attorney general to file comments on a constitutional petition filed by M/s Perfect Craft (SMC-Pvt) Ltd against seizure of imported consignment of electro galvanized steel sheets in coils of secondary quality.
On August 19, 2019, a two-member bench, headed by Justice Aqil Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioner argued that the petitioner had undertaken import of electro galvanized steel sheets in coils of secondary quality and upon arrival of the said consignments, the petitioner filed into bond goods declarations with the customs officials.
He further argued that through the said goods declarations, the petitioner truthfully declared the particulars of the subject consignment, including but not limited to the description and value of thereof, the declaration made by the petitioner was duly supported by the import documents, such as invoices etc.
He submitted that the declaration filed by the petitioner in respect of the subject consignment being of secondary quality was duly examined, scrutinized and verified at the time of into-bonding by the officers of the respondents, an assessment order was then passed which supported the assessment filed by the petitioner, however, despite having no lawful authority or jurisdiction proceeded to draw multiple samples from the subject consignment after the same had been stored at the bonded warehouse, nonetheless, the said samples were then forwarded for lab testing so as to ascertain the chemical composition of the subject consignment.
He further submitted that the reports of the laboratory testing are still awaited at the time of filing of petition, while the results are awaited the respondents, in a patently arbitrary and high handed manner has detained the subject consignment of the petitioner in the bonded warehouse and is not allowing release of the same on the pretext that the same is classifiable under PCT Heading 7225.9100 as against the declaration made by the petitioner.
Citing chairman Federal Board of Revenue, the chief collector of Customs, deputy collector Appraisement West as respondents, petitioner pleaded the court to declare that the seizure/ detention of the consignment is mala fide, illegal and direct them to release the same immediately.