SHC declines to hear petition in presence of ONO
KARACHI: A customs appellate bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Mahmood A Khan on Tuesday declined to entertain a constitutional petition filed by an importer of betel nuts as Custom authorities have already passed an Order in Original.
The bench said that an efficacious and alternate remedy is available to the petitioner. The Customs Act 1969 provides an appeal against an ONO and tribunal can adjudicate now, the bench observed.
Abdul Sattar Pirzada advocate appearing for the importer maintained that customs has no jurisdiction as it was the domain of the Plant Protection Department. The bench said that custom has to decide about an import on the basis of the Plant Protection and thus have jurisdiction.
The counsel relied on a recent judgment said that an order has been passed directing the parties to get the imported consignment tested by a reputable laboratory for ascertaining the level of Aflatoxin.
The bench later disposed of the petition asking the petitioner to seek an alternate remedy while left the parties to proceed strictly in accordance with law and as per mutual consent to resolve the controversy.