SHC asks Customs counsel to reframe question of law in SCRA

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Abdul maalik Gaddi on Thursday asked counsel for appellant, Collector of Customs, Anti Smuggling Organization (ASO) to reframe questions of law in a Special Customs Reference Application (SCRA) filed by them against a private company.

The bench earlier heard Ghulam Hyder Shaikh advocate who filed the (SCRA) against Arif Autos, Macleod Road, Lahore and Special Customs Appellate Tribunal while allowed the appeal by the respondent Arif Autos.

The counsel for appellant submitted that the confiscated consignment consisted of 75 bundles of auto spare parts were of Indian origin and were duly taken into custody by ASO.

The counsel for respondent Arif Autos argued that from the memo of seizure to Order in Original no where it was mentioned that confiscated items were of Indian origin and therefore felling in banned category. He relying on documents of the case said that as per customs own finding these were of Italian or Taiwan origin. These were collected by junk dealers who sold it to seller Allied Business Concern. The items include old spare parts lying  with the seller since 2 decades or more, he submitted adding that as the same were not imported, no documents were available with the seller.

The bench after detailed arguments asked the counsel for appellant to reframe the questions of law while adjourning further hearing till Nov 08. The bench however restrained the custom authorities from auctioning the confiscated consignment taken into custody by ASO in July 2013.

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