KARACHI: A constitutional bench of High Court of Sindh (SHC) comprising Justice Yousuf Ali Sayeed and Justice Muhammad Osman Ali Hadi allowed a petition filed by Messer’s Kashif Electronics if petitioner pays amount of duty and taxes with the department and secured amount of fine and penalty with the Nazir of High Court.
Earlier the bench heard Dr Shahab Imam Advocate appearing for the petitioner who confined his petition to the extent of relief of release of imported goods pending appeal before Customs Appellate Tribunal in Custom Appeal No K-167/2026. The goods were confiscated vide Order in Original dated 18.2.2026 on charge of mis-declaration but also allowed relief of redemption under section 181 of the Customs Act by paying fine in lieu of confiscation.
Sardar Zafar Hussain representing Pakistan Customs opposed the plea and said that instead entire amount adjudged shall be paid by the petitioner to the department.
The bench after hearing both the sides held the view that since the Petitioner’s appeal against the finding of mis-declaration has yet to be decided by the tribunal it would be unjust to condition the release of goods on payment of fine and penalty.
The bench therefore allowed the petition to provisional release directing the petitioner to deposit adjudged amount of duty and taxes with the Department whereas the fine and penalty be secured before the Nazir of SHC. The bench further ordered that the fate of security shall be subject to the outcome of appeal pending before the tribunal.