KARACHI: A customs appellate bench of High Court of Sindh comprising Justice Junaid Ghaffar and Justice Amjad Ali Sahito disposed of a contempt of court application against Pakistan Customs, Collectorate of Customs (Enforcement).
The application was filed by M/s ARA Detergent & Chemicals (ARADC), FZE as customs department failed to implement the decision of Special Customs Appellate Tribunal Karachi which allowed re-export of a consignment of Xylene.
The department has earlier rejected an application for re-export. The department while filing the SCRA maintained that Section 138 cannot be invoked as the item was imported in the country by “mis-declaration”.
The bench in its judgment spreading over 17 pages said that no where the respondent company was accused of misdeclaration and also misreading or non reading of evidence was demonstrated by the appellant department.
The bench dismissing the SCRA ordered the department to implement the decision of Tribunal and to allow re-export of Xylene by ARADC, respondent/consignee. M/s ARADC was represented by Rana Sakhawat Advocate.
As the order was not complied, the contempt application was filed which was fixed for hearing on June 20. Feroz Alam Junejo, Collector Custom (Enforcement) appeared in person along with Shahid Ali Qureshi Advocate and submitted a compliance report.
The bench then dropped the proceedings observing that after compliance of order passed earlier, the contempt application has become infructuous.