SHC issues preadmission notices, order of restrain in petition by China Gift Center

KARACHI: A customs appellate bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Mahmood A Khan issued pre-admission notices to the respondent East Collectorate (R&D), Pakistan Customs in a petition filed by China Gift Center and Muhammad Hamza importer of prayer mats.

The bench also ordered customs to consider the request for 100 per cent examination of imported consignments as per law. The court also restrained the  customs lodging FIRs or any other coercive action till next date of hearing.

The bench earlier heard Zia-ul-Hasan advocate, counsel for the petitioners who maintained that before filing of Goods Declaration, R&D of East Collectorate lodged FIR on the basis of Bill of Lading as due to inadvertence old and used clothes has been mentioned.

He further contended that petitioners have made request for 100 per cent examination of the subject consignments before  filing GD’s but it was not entertained by the Custom Authorities. Zia-ul-Hasan advocate further contended that a false FIR has been registered on allegation of mis-declaration. The counsel also referred to an identical case in which court has passed orders of restrain. He also expressed apprehension that petitioners will be implicated in more cases as more BLs are pending and prayed to the court to restrain the custom officials from new FIRs.

The bench while deferring further hearing for three weeks, allowed the request while restraining the custom officials from taking any coercive action including lodging of new FIR’s.

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