KARACHI: The auction notice issued by Pakistan Customs dated 15-11-2022 in respect of a consignment imported by Sunlife Solar Co (Pvt) Ltd was suspended for a week while request for provisional release was allowed by a custom appellate bench of High Court of Sindh.
The bench heard a counsel from well reputed law firm Franklin Law Associates who referred to an order passed in petition CP-D 6887/2022 on identical issue and grounds. He said that consignment is at port and delay was due to the action by the custom authorities who have now issued a delay detention certificate. As the terminal operators have challenged the relevant section which allows remission of port charges against delay detention certificate is now under challenge before the Supreme Court of Pakistan and for the reason, the certificate is not being entertained/accepted.
The bench allowed the prayer for provisional release subject to securing of disputed amount of demurrage charges before the Nazir of HC by way of pay order. The Nazir was directed to encash the same and invest it in some government profitable instrument while respondents were ordered to release the goods after issuance of certificate by the Nazir. The fate of the amount was linked to the decision of apex court.
The petition was thus disposed of in above terms.