KARACHI: A two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal directed customs officials to file their respective para wise comments on a constitutional petition filed by importer seeking provisional release of imported consignment of polyester textured yarn.
On 22 September 2021, during the hearing, counsel for M/s Usman argues that petitioner has imported a consignment of polyester textured yarn at total invoice value of US$ 26, 022, 36 along with its packing list and filed goods declaration according to law.
He added that petitioner has approached respondents and requested them to release its consignment, however, customs officials marked hold in the aforesaid goods declaration illegal and unreasonable in the eyes of law despite the goods declaration being gate out on which assessment stood finalized in terms of section 80 of the customs act, 1969.
He argues that the petitioner has also requested the respondents to give a proper opportunity of being heard under the hierarchy of the customs act, 1969, however, much to sorrow and regret the respondents have failed to accede to the request of the petitioner and the goods are still on hold and not being released.
Citing Chairman FBR and The Collector of Customs Model Customs Collectorate East as respondents, petitioner pleaded the court may declare that act of the respondents for holding and non-release the impugned goods imported by the petitioner is unlawful, illegal, malafide, void, ab-initio, without lawful authority and be quashed/ cancelled.
Petitioner pleaded the court may declare that non release/ holding the goods without opportunity of being heard is illegal contrary to the provision of law.