Customs Enforcement seeks permission to file CPLA

KARACHI:  The hearing of a contempt plea filed by Hasan Nadeem and others, owners of goods stored at rented Godowns was adjourned to a date in office by a Division bench of High Court of Sindh comprising Justice Muhammad Junaid Ghaffar and Justice Agha Faisal.

Earlier, Khalid Rajper advocate counsel appeared before the bench with alleged contemnors including Muhammad Saqif Saeed,Collector Customs (Preventive) Shaifullah, Assistant Collector of Customs and Iftikhar Hussain Khan Superintendent Custom House and Hassan Raza Preventive Officer.

The counsel informed the bench that the orders of the bench in this matter were challenged before the apex court which on 18-1-2021 passed some restraining order in CPLANo 3606/2020. The said order will be available to the appellants in course of time.

The bench asked the counsel to place the said order on record on next date of hearing. The bench with the above direction dispensed the alleged contemnors from personal appearance.

The case pertains to invoking and enforcing section 162 and 163 of the Customs Act 1969. The bench made serious observations in respect of  conduct of custom officers / raiding party and also noted violation of different sections providing protection particularly infringement of fundamental rights.

The bench also directed the Secretary Revenue Division / Chairman FBR  to conduct  an inquiry in respect of the “prima facie manifest unfettered  exercise of power  by functionaries, conducting search and seizures in violation of Act and the fundamental rights inter alia with respect to livelihood and liberty enshrined in the Constitution”. The bench also ordered “appropriate proceedings against those found culpable”.

The bench also sought a report by Chairman FBR through the office of the Attorney General within 4 weeks to be submitted to the Registrar of SHC.

Khawaja Shamsul Islam advocate represented the petitioners while departmental respondents including Collector, MCC (Enforcement & Compliance) were represented by Khalid Rajper advocate.. The counsel for petitioners contended that respondents acted beyond jurisdiction and violated laws particularly section 162 and 163 of the Customs Act. Admittedly, no one was available at the warehouses when the same were raided at 3 a.m on 2-10-2020. The respondents failed to follow the  section 162 of the Act, no search warrant was sought or obtained and alternative section 163 of the Act was employed in an attempt to garner the sanction of law, the counsel for petitioners argued.

Bookmark the permalink.

Comments are closed.

  • RSS Newsnreleases

    • Morgan Stanley’s Antwerp Management buying Augean Plc for £314.9mn 30-Jul-2021
      LONDON, UK: Antwerp Management Limited, a newly-incorporated company indirectly owned by funds managed or advised by Morgan Stanley Infrastructure Inc.... Continue reading The post Morgan Stanley’s Antwerp Management buying Augean Plc for £314.9mn appeared first on NewsnReleases.
    • Heineken assumes control of United Breweries Limited 30-Jul-2021
      AMSTERDAM, Heineken N.V. has obtained control of United Breweries Limited (UBL) in India following recent acquisition of additional ordinary shares in UBL, taking its... Continue reading The post Heineken assumes control of United Breweries Limited appeared first on NewsnReleases.
    • Dicker Data to acquire Exceed Group for $68 million 30-Jul-2021
      SYDNEY, AUSTRALIA: Dicker Data Limited has entered into a binding Sale and Purchase Agreement (SPA) to acquire the Exeed Group operating across Australia and... Continue reading The post Dicker Data to acquire Exceed Group for $68 million appeared first on NewsnReleases.
    • Magnit starts making ready-to-eat products for convenience stores 30-Jul-2021
      KRASNODAR, RUSSIA: Magnit PJSC, one of Russia’s leading retailers, started making ready-to-eat products for its convenience stores in Magnit Family... Continue reading The post Magnit starts making ready-to-eat products for convenience stores appeared first on NewsnReleases.
    • Qatar Holding buys stake in Airtel Africa’s mobile money business 30-Jul-2021
      LONDON, UK: Qatar Holding LLC, an affiliate of the Qatar Investment Authority (QIA), has agreed a minority stake in Airtel Mobile... Continue reading The post Qatar Holding buys stake in Airtel Africa’s mobile money business appeared first on NewsnReleases.