KARACHI: The dumpers, concrete mixers and other specialized vehicles imported for use in construction projects were not importable under the Import Policy Order, maintained Deputy Attorney General for Pakistan Salman Talib uddin.
He was arguing in different identical petitions filed by importers of the specialized vehicles including one Haji Ihsan ullah who appeared and argued out his case in-person before an appellate bench of High Court of Sindh comprising Justice Munib Akhtar and Justice Muhammad Humayun Khan here Wednesday.
Haji Ishan ullah submitted that more than 500 vehicles are imported by him, 40-50 vehicles in a lot which were taken to the Hyderabad Dry Port and were detained by the custom officials of MCC Hyderabad.
The detention was on the basis of the “data” but it was a case of valuation department and pertains to valuation of the imported vehicles.
Citing tariff of Pakistan customs (HS Code), Customs Rules, Import Policy and Customs Act 1969, the petitioner in person said that in hundreds of cases vehicles of identical nature have been released by the custom authorities but he was being discriminated.
He submitted that the order of the collector detaining the vehicles was without jurisdiction and violative of law and rules of Pakistan Customs.
Placing reliance on famous Sadia Jabbar case, he submitted that holding his consignments is illegal. He also made a reference to Article 4 of the Constitution of Pakistan 1973 and prayed to the court to adjudge the matter soonest.
Deputy Attorney General, Salman Talib uddin, representing federal government at the outset of his counter arguments submitted that primary issue is that whether the vehicles are importable or not. He said valuation was a secondary issued in some of these petitions.
The petitioner was supposed to submit a certification that vehicles imported are Euro 200 complaint or not besides answering other issues related to the restrictions placed on import of vehicles in the first instance.
He termed the number of documents submitted by the petitioners in respect of physical condition of the vehicles and inspection by International Vigilance Squad (IVS) and its VIS (Vehicle Inspection Services) as fake and said none of the certificate establishes that the vehicles imported are Euro II complaint, now a mandatory condition.
As the counsel for the MCC Hyderabad, Mohsin Imam advocate is yet to submit his arguments, the bench put of further proceedings till Dec 19.