KARACHI: Deciding a constitutional petition filed by one Abdul Rahman through Aneel Zia Advocate, a custom appellate bench of High Court of Sindh headed by Justice Muhammad Junaid Ghaffar and Justice Shamsuddin Abbasi as member allowed release of goods if amount of duty and taxes in dispute are secured before the collectorate concerned represented by Sardar Zafar Hussain Advocate.
The release of the goods was being delayed due to change of PCT heading to 2106.9040 against which an appeal has been filed and pending before the Collector of Customs.
Earlier counsel for the petitioner submitted that consignment is lying at the port and incurring storage charges and therefore ad-interim orders may please be passed as Petitioner is willing to secure the differential amount of duty and taxes with the Nazir of SHC.
In the circumstances, by way of an interim arrangement and until further orders, let the disputed amount of duty and taxes be secured before the concerned Collectorate by way of a separate Pay Order/Bank Guarantee in respect of the consignment 9 covered by this Petition, whereas the remaining amount of duty and taxes be paid to the concerned Collectorate, the bench ordered disposing of the petition directing that Appeal of the Petitioner, if any filed or pending before the Collectorate (Appeals) shall be decided and dealt with in accordance with law. The bench also restrained the custom authorities from encashing the security furnished.