Judgments discourage direct approach and invocation of Writ jurisdiction of HC

KARACHI: Another door of direct approach to High Court and invoking writ jurisdiction of High Court under Article 199 of Constituton of Pakistan was closed by Customs Appellate bench of High Court of Sindh which dismissed a petition on Wednesday pertaining to dispute over quantum of redemption fine on differential amount or value of goods.

The bench was hearing a petition filed by Penta International represented by Zain A Jatoi advocate.

According to details a consignment imported by the petitioner was subject to adjudication proceedings culminating  in Order in Original dated 16-7-2021 extending benefit of SRO 499 (1)/2009 and release of goods upon payment of  duties, taxes and redemption fine. However the Assessing Collectorate demanded additional quantum of Rs 9895510.

The counsel for petitioner challenged such demand on ground that assessing collectorate Air Freight Unit of MCC JIAP Karachi has no authority to assess and raise such demand.

Muhabbat Hussain Khan counsel for department opposed the petition and submitted that MCC JIAP acted in pursuance of the direction  given in the ONO which said that However the Collectorate may re-check the  calculation of fine with respect to the offending goods prior to the release of the consignment.

Kafeel Ahmed Abbasi, Deputy  Attorney General submitted that the order was appealable within the statutory  hierarchy abd any person aggrieved  ought to have assailed it in appeal  therefore no case for invocation of  the writ jurisdiction is made out.

The bench noted that as per law quantum of fine is to be determined on the basis of value of goods and not on differential amount,

The bench also agreed with the contention of the DAG and holding that petition do not merit any interference by exercise of jurisdiction hence petition stands dismissed.

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