KARACHI: Notices were issued to the Macca Traders, Hyderabad and Special Customs Appellate Tribunal, bench 1 in a Special Customs Reference Application filed by Collector Customs, Model Customs Collectorate, Hyderabad by an appellate bench of High Court of Sindh (SHC).
The bench earlier heard Syed Mohsin Imam advocate, counsel for the applicant who said that questions of law have been raised in the application requiring consideration and decision by the court. Explaining the case, he submitted that special tribunal has declared the raid by custom officials as illegal and has curtailed their powers, which would negatively affect all such actions in future.
According to SCRA court was prayed to look into the contention that whether the order of the tribunal is speaking and well reasoned or there was a mis-interpretation of section 162 and 163 of the Customs Act 1969 was made. The order badly deprives legal rights of seizing agency and Adjudicating Authority exercised under section 168 and 179 of the Customs Act 1969, the application said.
According to application, custom officials got credible information that a huge quantity of safety razors of foreign brands has been smuggled and the consignment is lying at a godown in Hyderabad. A raid was conducted at the godown of Hyderabad International Goods Transport Company during which 200 carton of plain razors, Vidyut Super Max Blade, Vidyut Saloon Pack Blade, Vidyut Zorrik Super Blades were recovered and found to be of Indian origin.
The consignment was seized despite the presentation of documents that the goods were purchased locally against bills of payment and hence do not fall under prohibition.
The custom however refused to accept the contention and maintained that under Import Policy Order 2013, import of the seized goods is not allowed.
The owner/purchaser of goods filed the appeal before Special Customs Appellate Tribunal, which accepted the same and held that Customs do not have unfettered powers to search godown of a transporter. The tribunal in its judgment dated 13-7-2015 also held that mandatory requirement of section 162 was also not complied with.
The Collector Customs, MCC Hyderabad challenged the order of the tribunal through the instant SCRA. The bench today after initial hearing ordered issuance of notices to the respondents for a date to be fixed later by the office of the court.