KARACHI: Justice Salahuddin Panhwar of High Court of Sindh (SHC) on Wednesday issued notice for June 03 to Unity Commodities which imported a consignment consisting of Cashew nuts (Kaju) and other perishable confectionery items from India but later opted not to get the consignment cleared from Pakistan Customs.
The bench was hearing a suit filed by Kulsoom Rauf of Sun Rise Enterprise who purchased the said consignment from consignee and sought release of the same against payment of custom duty and other taxes. Khawaja Shamsul Islam advocate appearing for the plaintiff submitted that Pakistan Customs is not releasing the consignment.
Masooda Siraj advocate assisted by Muhammad Zafar advocate submitted that a goods declaration was filed by the original importer Unity Commodities. The importer has to pay the custom duty and taxes before selling it to any other party for home consumption, the custom lawyers maintained. They also submitted that importer is bound to get the consignment cleared in a stipulated time period or in the alternative, the consignment is to be put to auction as per section 82 read with section 201 of the Customs Act 1969.
The counsel for customs to a query by the court said that if the original importer gives NOC the consignment could not be released as new GD is not allowed under the Customs Act.
The bench in view of position taken by the respondent Customs ordered issuance of notice to original importer.