KARACHI: A divisional bench of High Court of Sindh (SHC) comprising Justice Muhammad Iqbal Kalhoro and Justice Khadim Hussain Shaikh on Wednesday while hearing four identical Special Customs Reference Application filed by the Director, Transit Trade, Pakistan Customs suspended the orders passed by Special Customs Appellate Tribunal, Karachi.
The bench fixed August 22 for detailed hearing of the SCRA’s. According to details respondent Zubair Wali Ahmed Limited imported consignment, filed a GD and sought clearance for transit of the cargo to its final destination i.e Afghanistan. The Custom officials opened the container carrying 851 cartons declared to be containing different items including slippers, nail, measure tapes and mirrors. On inspection it was found that the consignment apart from 4 declared items comprised of additional 26 items including quality furniture locks, diposable pads, milk bottles, stainless steel baby milk bottles, tooth brush, cotton buds, screw drivers. Baby kit, toilet gel, battery operated toys, feeder brush and rechargeable savers etc.
The petitioner maintains that issuance of show cause notice by Pakistan Custom authorities to a non Pakistani is illegal and beyond jurisdiction according to Chapter XIII,XVI A read with sub chapter XXI and XXV of Customs Rules 2001 read with Afghanistan-Pakistan Transit Trade Agreement 2010 (APTTA). He also maintained that consignments were destine for Afghanistan and thus powers to act against the importer also lies with the officers at port of destination.
The contravention was reported and the consignment was confiscated while agent was also fined for rupees 500,000 by the Directorate of Transit Trade. The custom hierarchy maintained the orders passed by departmental authorities after which the respondent importer filed the appeals before Special Customs Appellate Forum which allowed the appeal holding that the consignment was destined for Afghanistan and was in transit hence, Custom has no jurisdiction as no import export duties etc were attracted.
The instant SCRAs’ assails the judgment by the tribunal. Toda the bench after hearing initial arguments by Ashique Anwar Rana advocate while suspending operation of impugned order fixed Aug 22 for detailed hearing of SCRA’s.