KARACHI: The Sindh High Court (SHC) directed customs officials to strictly act accordance with law on a petition filed by M/s Khalid Traders seeking restraining order against auction proceedings of its imported consignment of rice bearing.
On March 07, 2020, while the hearing of petition, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also directed them to file their para wise comments on next date of hearing.
During the hearing, counsel for the petitioner stated that in the year 2011 and 2014 consignments of RICA bearings were imported by the family companies M/s Sindh Bearing Agency and M/s Alliance Allied Agencies from China and said consignment was booked vide M/s the Majid Goods Transport Company from Karachi to Peshawar, at the time of booking copies of said goods declarations were also provided to transport.
He further submitted that on arrival of said goods at Dera More the Customs Preventive staff Sukkar stopped the truck bearing registration no C-1370 and after checking detained the 84 cartons of rica bearing of the petitioner on the basis of false presumption that the said goods were non-duty paid, consequently, the goods of the petitioner were seized by the customs officials.
Counsel said that on basis of detention memo and seizure notice a show cause notice were issued the petitioner, however, the respondents failed to consider legal as well as factual position of the case and passed the impugned order-in-original whereby the legally imported rica bearing were confiscated by the respondents out rightly, which is unjust, void as inito and without lawful authority.
Petitioner argued that now, it came to know to the petitioner that respondents have started auction proceedings which is illegal and without following the due process of law, which is unjust, void and without lawful authority.
Citing deputy collector of Customs, the superintendent Customs State Ware House Sukkar and chairman FBR as respondents, petitioner pleaded the court may suspend the operation of impugned auction letter to the extent of petitioner’s goods falls under serial no 1 and 2 till the final decision of the case.