KARACHI: Dr Farogh Naseem sent a note to the Collector of Customs, Additional Collector, Deputy Collector of Customs (Airport) and Principal Officer/Corporate Head of Dubai Islamic Bank, Karachi of a restraining order passed by a constitutional bench of High Court of Sindh restraining respondent custom officials from encashing 63 bank guarantees submitted by petitioner company Hoora Pharma (Pvt) Limited, time to time under section 81 (1) of the Customs Act 1969.
Barrister Farogh Naseem assisted by Shahrukh Farogh Naseem represented the petitioner company in Constitutional Petition No CP-D5329 of 2025 on 30.10.2025 and impugned a notice dated 29.10.2025 issued by the Deputy Collector (HQs) calling upon the Petitioner’s bank to encash 63 bank guarantees deposited for provisional release of imported consignments. The counsel submitted that apparently the call on the bank guarantees is after final determination of said assessments made by the Customs on or about 14.10.2025 and after dismissal of Petitioners previous petition for non-prosecution. He stated that he has filed instant petition on a fresh cause of action i.e the final determination of assessment.
The bench was informed that Custom officers reached the bank of the petitioner on evening of 29.10.2025 and issued threats to compel the bank to issue pay orders of approximately 50 million against some of the bank guarantees and on 30.10.2025 also, customs officials again visited the bank seeking to recover the remaining amount of bank guarantee to the tune of Rupees 280 million.
Dr Farogh Naseem pleaded that time for filing appeal has not lapsed, appeals have been presented today before the Collector of Appeal, yet Custom officials are resorting to coercive measures. He prayed that till such time appeals are taken up along with stay application, the action of recovery may be stayed as rush to make recovery is patently mala fide.
The bench after initial hearing observing that points raised required consideration ordered issuance of notices to the respondents as well as Deputy Attorney General for Nov 11 while restraining the custom officials from taking further action on the basis of notice of encashment dated 29.10.2025 and from encashing any pay order already issued by the Petitioner’s bank.