KARACHI: Three identical petitions seeking provisional release of textile fabric in cut pieces was allowed by a constitutional bench of High Court of Sindh.
The petitions CP 5582, 5423 and 5425 were filed by Danish Impex through Rana Sakhawat Ali Advocate. The counsel for petitioner argued that the consignments of cut pieces of textile fabric have been assessed by the Customs under Valuation Ruling No 1788/2023 which is applicable to the fabric that is not in cut pieces against which the petitioner’s appeal is pending before the Collector of Custom (Appeals). He further contended that being the case, an order of provisional release by this court would not be hit by the cases of Collector of Customs versus Wasim Radio Traders (2023- SCMR 1716) & Shamim Ahmed v/s Federation of Pakistan, 2024 PTD 736.
The bench after hearing Sardar Zafar Hussain counsel for Pakistan Customs said that in view of appeal pending before the Appellate Authority, petitions can be allowed for provisional release of the goods.
The bench directed the Petitioner to secure the disputed amount of custom duty and taxes with the Nazir of the SHC by way of pay order or bank guarantee.