SHC allows provisional release of consignment against 50 percent penalty besides admissible duties, taxes

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Yousuf Ali Sayeed allowed provisional release of two consignments against 50 per cent payment of amount of fine.

The order came in a petition filed by Dawn Impex represented by Ghulam ullah Sheikh advocate of Franklin Law Associates, against Pakistan Customs, MCC West, Appraisement and Directorate of Intelligence and Investigations.

According to details petitioner imported consignments of plastic tray, bowl basket, cutlery kitchen ware, glass cups, glass decor pieces soap dispensers, steel water bottles and other general consumer items.

The consignments were released but I & i put a hold on a duty paid and out of charge consignment, the counsel for petitioner submitted. Subsequently a FIR was also registered on charges of mis-declaration of description, PCT heading, quantity and weight of the goods.

The counsel also maintained that the respondents have no powers to lodge a FIR as goods were out of charge when intercepted by ASO, I&I, drawing powers under SRO 486 (1) of 2007.

M Ilyas Khan, Principal Appraiser Law, Pakistan Customs, Masooda Siraj advocate representing MCC West, Appraisement submitted that the petition can be disposed of, if petitioner is ready to pay fine beside duty and taxes. The mis-declaration was admitted and  hence no other remedy, they submitted informing the court that matter is now in “adjudication”.

The bench upon a query was informed that amount evaded in one consignment was of rupees 1,274,728 and 2, 868,783.

As the counsel for petitioner agreed to pay fifty per cent of the amount of fine in respect of evaded amount, the bench allowed provisional release of two subject consignments on pay of the fine as agreed.

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