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SHC seeks remarks on petition filed by M/s Bearing Sale Centre against detention of consignment

SHC seeks remarks on petition filed by M/s Bearing Sale Centre against detention of consignment

KARACHI: The Sindh High Court (SHC) issued notices to customs department and deputy attorney on a constitutional petition filed by Shaikh Arshad Islam and Muhammad Ahsan Arshad Shaikh, partnership concern namely M/s Bearing Sale Centre against holding the consignment and lodging first information report (FIR) for allegedly mis-declaration.

On 19 November 2020, counsel for the petitioner stated that petitioners imported temperature gauge, bearings (both China and Japan origin) and bearing parts from Astro Pacific General Trading LLC, UAE and filed goods declaration according to law.

He further submitted that subsequently the goods were examined in the absence of the petitioners’ representative, such examination report is placed on record and subsequently the customs officials prepared a contravention report and sent the case for adjudication and additional collector (adjudication-I) issued show cause notice.

He argued that petitioners replied to the that and took clear position that he has not mis-declared anything and he has filed goods declaration honestly and relying on the commercial invoice, packing list and B/I and that all those documents were processed through the banking channel, however, it came out to the utter disappointment and dismay of the petitioners that customs officials lodged FIR NO 5/2020 against the petitioner no 1.

Citing secretary revenue division, chief collector of customs South, Appraisement West as respondents, petitioners pleaded the court to declare that the act of the respondents is illegal, malafide and arbitrary.

He further pleaded the court to quash first information report (FIR) lodged by customs officials being illegal and void ab initio, in the meantime, to suspend the proceedings pursuant to the said FIR. After the hearing, the court issued notices and directed customs officials to file their respective para wise comments for the next date of hearing.