KARACHI: Hearing a constitutional petition filed by M/s MED Art Pakistan, a constitutional bench of High Court of Sindh allowed provisional release of a consignment of Crespine Gel Plus certified by Drug Regulatory Authority of Pakistan (DRAP) as medical device.
The respondents include Secretary / Chairman Federal Board of Revenue, Collector of Customs Jinnah International Airport (JIAP), CEO DRAP and Director MD & MC, DRAP.
Earlier the bench heard Dr Shahab Imam representing the petitioner company who argued that petitioner is seeking exemption from Sales Tax at the import stage under Entry No 112 of Table–I of the Sixth Schedule to the Sales Tax Act 1990 which was denied by the Assessing Officer of the Customs. He maintained that petitioner has filed an appeal against such denial and that present petition is confined to the extent of relief to release of goods by securing the disputed amount of duties and taxes with High Court of Sindh.
A counsel for Pakistan Customs at this stage prayed to the court to include a provision for surcharge under section 83 20 of the Customs Act if any order is being passed.
The bench rejected such plea holding that “We are of the tentative view that since the duty and taxes are being secured, the question of surcharge does not arise”.
The bench then allowed the petition directing the Petitioner to deposit un-disputed amount of duty and taxes with the department while disputed amount be secured with the Nazir of SHC who shall issue a certificate in respect of consignment of the Petitioner GD No KAPP-HC-29306, Dated29.10.2025.