KARACHI: Sindh High Court on Monday allowed appeals filed by importers of grey fabric.
An appellate bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Zulfiqar Ahmed Khan reserved the judgment appeals by Horizon International case and others on August 29.
According to details, a number of importers purchased grey fabric from Dubai based merchants and declared the goods to be of “China” origin in Goods Declaration.
Pakistan Customs collectorates at Karachi including Port Muhammd Bin Qasim detained the consignments on ground that these were of ‘Indian origin’ and thus fell under bar by Import policy which bans import of grey fabric from India. The customs relying on data available on net maintained that no manufacturer in China makes grey fabric. The petitioners maintained that they have provided all documents even Master Bill of Landing to prove that goods are from China and not India.
The counsel for Pakistan customs in his main arguments referring to different orders passed by the Supreme Court of Pakistan which heard and remanded back the case to the SHC, submitted that entire controversy hinges on issue of “origin of goods” i.e the place of manufacture and that while importers/petitioners claimed that the goods in dispute Grey Fabric unfinished and un-dyed originated from China and brought to UAE, they have consistently failed in submitting the “Certificate of Origin”.
“They failed because they won’t have one”, he submitted.
The respondent side was cornered when the court raised a legal question that if the stance taken by the respondent Pakistan Custom officials is considered to be correct than how they can term the goods in dispute to be of Indian origin. What is the basis and reasons, data or else based upon leads the respondents to declare the goods being Indian made, the bench asked while reserving the judgment.
The bench today announcing the judgment reserved, allowed the appeals