KARACHI: Solve simple controversies at department level. You file Special Customs Reference Application (SCRA) in each and every case, observed custom appellate bench of High Court of Sindh comprising Justice Aqeel Ahmed Abbasi and Justice Mahmood A Khan here on Wednesday.
The SCRA was filed by Collector Customs against Pir Muhammad. Kashif Nazeer advocate appearing for the applicant said that it was a case of outright confiscation as it was of Indian origin and for this reason the petition filed by the petitioner/owner was disposed of with no relief given.
The counsel for applicant conceded that it was importable and did not fall in prohibition clause.
The manner in which they are taking action, the entire market will be emptied, counsel for respondent said adding that it was locally purchased and driver of the truck which was intercepted by Customs, Hyderabad, presented the purchase document.
The Indian items are readily available in the market and cannot be termed smuggled one, observed the bench.
The issue is raised when the quantity is on commercial scale, explained the counsel for Collector Customs.
The petitioner appeared before the hierarchy of Pakistan Customs at all stages and maintained that it was locally purchased used cloth and hence cannot be termed and treated as smuggled item.
The bench asked the counsel for customs to read out excerpts from Order in Original, Order in Appeal and said driver of transport vehicle is not supposed to have all documents. It is the duty of the IO to verify the documents or claim of local purchase, the bench said referring to judgment of apex court.
The bench later after a detailed hearing reserved the judgment.