KARACHI: M/s FAS Enterprises though the counsels M/s Franklin Law Associates has approached Sindh high Court challenging detention of their consignment of miscellaneous goods by the Directorate of IPR enforcement. The court has fixed the hearing in this regard for June 11, 2018.
M/s FAS Enterprises imported a consignment of miscellaneous goods including optical frames and wrist watches etc and filed the goods declaration. The consignment was selected for examination and the examination report thereof confirmed the particulars of the goods declaration.
The importer submitted that earlier the similar consignments were detained by the Directorate IPR Enforcement earlier, but the detection was declared illegal ab-initio and vacated by the adjudicating authority vide two separate orders-in-original.
However, the directorate put different consignments under hold without receipt of any complaint and then on their own will and discretion lifts the hold or otherwise initiates contravention proceedings tainted with greed, biasness and malafide.
After the delay of 15 from the illegal detention of the consignment, the importer was issued a Notice for Attendance for hearing and inspection of the consignment. In this case none of statutory requirements were complied with as the notice was not copied o the complainant whose presence is mandatory at the time of inspection for identification of infringing goods.
In addition, two more similar consignments of the importer have also been detained. M/s FAS Enterprises has prayed to the court to declare the entire proceedings including detention of consignments illegal and without jurisdiction. Importer has also prayed to the court to restrict the Directorate from any coercive action against the importer.