KARACHI: A legal anomaly has been identified in the system whereas the jurisdiction of Customs Collectorates of Adjudication does not have a legal cover, which may result in suspension or termination of several orders in original.
If this anomaly is not removed forthwith, a national exchequer could suffer a loss of revenue.
There is a dire need that the SRO 886(I)/2012 is deliberated upon and necessary amendments are incorporated within keeping in view the existing legal, factual and functional requirements to avoid any legal complications going forward.
It may be mentioned here that SRO 886(I)/2012 setup Adjudication Collectorates and defined the jurisdiction of Collectorates of Adjudication.
Collectorate of Adjudication-I was assigned MCC Preventive, MCC Port Qasim and MCC Appraisement in its jurisdiction. It may be mentioned here that MCC Appraisement does not exist anymore.
Collectorate of Adjudication-II was assigned MCC Exports, MCC PaCCS and Transit Trade Karachi.
In June 2013, SRO 581(I)/2013 bifurcated MCC PaCCS into MCC Appraisement East and MCC Appraisement West while MCC Exports was divided between MCC Exports Karachi and MCC Exports Port Qasim.
However, SRO 886(I)/2012 was not refreshed and required amendments were not made within to cover the redefined jurisdictions of the Adjudication Collectorates.
Collectorate of Adjudication-II is exercising jurisdiction over MCC Exports Karachi, MCC Exports Port Qasim and MCC Appraisement East, which is without legal cover and entrustment of authority through a legal paper.
This anomaly has put already adjudicated cases at risk if challenged higher courts.