SHC orders release of consignment in 48 hours

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Muhammad Humayun Khan on Monday ordered Pakistan Customs to release the consignment of medicine imported by a local NGO within  48 hours.

The bench ordered that in case of non compliance of orders of the Special Customs Appellate Tribunal  holding the field would lead to contempt proceedings against all officers involved.

The bench was hearing a Special Customs Reference Application (SCRA) filed by the Pakistan Customs, valuation against Health Care Social Welfare Association (HASWA) impugning an order of the appellate tribunal for release of the consignment comprising Injection Super  fact (1 mg) Nicorette  icemint, Furolin 100 mg and Anexate 0.5 mg.

The applicant department  impugning the order of the appellate tribunal filed the instant SCRA maintaining that the address of the consignor/importer was false and non-existent and hence it is a case of “mis-declaration”,  an offence triable under section 320f the Customs Act 1969.

It was further alleged that the respondents belong to an scrupulous racket of import of medicine in the garb of donations to their NGO. The applicant also maintains that respondents claims illegal undue advantage causing loss to the national exchequer.

The bench on a previous hearing asked the office bearers  of the association to appear before the court who were present today with all relevant record.

The bench  while dispensing the respondent NGO members from attendance held that as no interim order was passed by this bench, the order of tribunal impugned in the instant SCRA holds the field. The bench ordered enforcement of the said order of the tribunal without any delay and while allowing only 48 hours to the respondents to release the consignment or face proceedings and action under contempt of court. Kashif Nazeer advocate represented Pakistan Customs.

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