KARACHI: A divisional bench of High Court of Sindh comprising Chief Justice Sajjad Ali Shah and Justice Zulfiqar Ahmad Khan on Tuesday ordered attendance of Collector Customs, Preventive by 2 p.m as Counsel for Customs (Preventive) failed to satisfy the court over alleged actions by the Anti Smuggling Organisation (ASO).
The bench was hearing a constitution petition 478 of 2016 filed by Rahim Mirani and others challenging the confiscation of the consignment consisting of mobile phones by ASO who allegedly took away the same from the Customs, Appraisement without informing them of their action.
The petition filed a few months back was adjourned repeatedly but today it was heard at length. Ismat Mehdi advocate counsel for petitioner earlier submitted that her clients were being discriminated while identical consignments of other importers are being released without any hindrance. Maintaining that the petitioner has paid the custom duty as assessed by the Customs Appraisement after which Preventive or ASO had no role and their action is in excess of jurisdiction.
Amjad Javed Hashmi advocate representing the Customs (Preventive) said that importer/petitioners had no license to import the same and the items imported fell within the regulated/restricted class.
How it is then called as a case of smuggling, the bench asked. This plea could have been raised by the Customs, Appraisement, the bench remarked.
The counsel for ASO continuing his arguments submitted that the petitioner filed an incorrect Goods Declaration and the consignment was declared to be of washing machine parts but the raid by ASO lead to the recovery of mobile phones in huge number.
The bench rejected the same and said if GD was not correct, it again fell within the purview of the Customs Appraisement. It is a row between two collect orates. Are we sitting here to settle such petty disputes, the court said in a very angry tone and ordered the Customs Preventive (ASO) to shift the confiscated consignment to Customs Appraisement before 2 p.m today.
Tell us how many mobile phones have been confiscated by the Preventive, the bench asked adding that Customs officials instead of performing their duties as per law are exceeding the four corners of law. Why this is done is well known to us, the bench observed.
These importers are the backbone of country’s economy and revenue from them is a lifeline, the bench said asking the Custom officials to act strictly in accordance with law and not to cause harassment to genuine importers.
The bench later put of further proceedings until 2 p.m but later at about 1:45 pm adjourned the hearing until 11 a.m Wednesday.