KARACHI: Hearing a petition filed by Classic Textile through Amjad Hayat Advocate, a constitutional bench of High Court of Sindh (SHC) comprising Justice Yousuf Ali Sayeed and Justice Muhammad Osman Ali Hadi ordered petitioner to secure amount of fine and penalty with the Nazir of the court.
The dispute pertains to alleged mis-declaration and resultant confiscation of goods. The customs gave an option of redemption of goods against payment of duty, taxes, fine and penalty. The petitioner company maintains that such orders have been assailed in a custom appeal. The counsel for petitioner at the outset submitted that he is confining to the relief of release of goods by way of securing the dispute amount with SHC.
Sardar Zafar Hussain Advocate appearing for the respondent customs department said that entire amount adjudged be paid to the department.
The bench after hearing the side said that it is of 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 the impugned fine and penalty.
The bench then proceeded to allow the appeal while directing the petitioner to pay adjudged amount of duty and taxes with the department while amount of fine and penalty be secured with the Nazir of SHC.