SHC recalls order in Badar Computers case directing Customs to adjudicate
KARACHI: A divisional bench of High Court of Sindh comprising Chief Justice Sajjad Ali Shah and Justice Zulfiqar Ahmed Khan allowing a review application filed by Pakistan Customs against order of the same bench allowing release of Indian cloth against payment of duty, taxes, fine and penalty.
The bench heard the counsel for applicant as well as petitioner, Kashif Nazeer Advocate appearing for the Pakistan Customs submitted that rules and laws only allow outright confiscation of the smuggled goods. He said that as per policy, the banned items could not be released but could be auctioned only. He submitted that the order passed by the bench allowing release of the banned items of Indian origin was against the Customs Act 1969 and rules framed there under.
The counsel for petitioner Badar Computers opposing the review application submitted that petition was disposed off by the bench by mutual consent of the parties and now filing of the review application is illegal and just an after-thought.
Ilyas Ahsan, counsel for the applicant Customs submitted that goods in dispute are of Indian origin and hence can not be released on payment of duties, penalty and fine. These items could be confiscated only, he contended praying to the bench to review its order passed earlier.
The bench which disposed of the petition, recalled the order passed earlier and asked the Pakistan Customs to adjudicate the matter themselves first. We will decide the matter after it was decided by the custom authorities, the bench ordered.