SHC allows petition involving sugar destined for Afghanistan

KARACHI: A customs appellate bench of High Court of Sindh allowed a petition filed by Faisal Arif Ltd, importer of Sugar meant for destination in Afghanistan (Afghan Transit Trade) with the direction to the Pakistan Customs to ensure safe passage of the consignments.

The sugar was detained by the custom authorities on sole ground of color of the sugar During the hearing the bench ordered tests and was displeased over vague, inconclusive findings of a test/report by laboratory/testing agency. The bench summoned Nazir of SHC to explain that why such a vague report was given by the laboratory.

Earlier counsel for the petitioner brought report of the Nazir dated 23-9-2019 along with reports from three other testing agencies and said as per international standards, the imported sugar is fit for human consumption as it does not contain Sulphur di-oxide or heavy metals including Arsenic, Lead, Copper, Iron and Zinc.

He also contended that the customs has no jurisdiction in respect of imports under Afghan Transit Trade and any action contrary to this would be violative of Afghanistan, Pakistan Trade Agreement (APTA).

The bench after hearing Omar Nisar advocate for petitioner, Khalid Mehmood Rajpar advocate for custom officers including  Ms. Zeba Akbar Director Transit Trade, Rehmatullah Vistro, Add Director, Shahid Hasan Rizvi Assistant Director besides Muzammil Hussain, Entomologist, Department of Plant Protection passing a short order allowed the petition with reasons to be recorded later. The respondent custom officials were ordered to ensure safe transit of the subject consignments to Afghan  border. The respondents were also asked to entertain the request for issuance of delay detention certificate within fifteen days time.

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