KARACHI: Photographs from manufacturer’s site were added to a judgment by a custom appellate bench of High Court of Sindh while deciding a constitution petition and two connected Special Custom Reference Applications (SCRAs).

The photos were added to establish the kind of vehicles manufactured, wrongly declared by importer and proving the customs case against such declaration.

According to details, Middle East Construction Company Karachi filed a constitutional petition seeking implementation of order of tribunal in favor of the petitioner company. The applicant department framed two questions of law. One is that whether the  old and used Prime Movers could be imported without fulfilling conditions laid down in Import Policy Order 2016 Para -9 (II)(5) and secondly that whether ambiguous description of vehicle mentioned in Preshipment Inspection  Certificate is not an attempt to hoodwink the custom authorities.

Ms Dil Khurram Shaheen advocate appeared for the petitioner company which imported four units declaring them to be prime movers of Hino company. The Chasis numbers of these vehicles were specifically mentioned in the Goods Declaration.

The customs objected and detained the same on ground that these are in fact Hino trucks. A show cause was issued to the importer. The matter was appealed but Custom Adjudicator ordered confiscation against which appeal was filed before the Special Custom Appellate Tribunal Karachi. The tribunal ruled in favor of the petitioner company. Khalid Rajpur advocate appearing for the department/respondents submitted that importer/petitioner has mis-declared the goods intentionally. Violated the Import Policy Order 2016 and thus goods are justly confiscated.

The bench perused the conditions set in the Import Policy Order 2016 and then decided to take assistance from web site of the manufacturer. The on line verification by the Court lead to the photographs of the each vehicle verifiable against Chasis number and it was found that these were manufactured as “Trucks” and not as Prime Movers.

The bench while appending the photogrpahs available on line with the judgment decided the SCRA’s in favor of the customs while dismissing the petition filed by the importer company.