SCRA filed by Pakistan Customs in Auto Rickshaw parts case dismissed

KARACHI: A customs appellate bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Mahmood A Khan on Thursday dismissed a Special Customs Reference Application (SCRA) filed by Pakistan Customs in auto rickshaw parts case.

The bench heard the counsel for applicant who challenged the order passed by the Special Customs Appellate Tribunal which ordered immediate release of goods. The custom counsel submitted that the goods detained were not importable and brought into the country in violation of the import policy order. The original importer could not prove his ownership, he added.

Sardar Muhammad Ishaq advocate appearing for the respondent submitted that the seller filed the appeal before the court which was dismissed on ground that after he has sold the items and handed over possession to other party, he is no more the owner of such goods.

The respondent counsel submitted that goods were purchased from Saddar market while detained from City Station. He said that section 2 (s) is not attracted in the case.

The bench observed that as per case record  goods were imported by Allied Business Corporation and if custom has any query or case about the goods in dispute, it should have asked from the primary importer. The bench asked the counsel for customs to read order of the tribunal. The bench later dismissed the SCRA holding the order of the appellate tribunal.

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