ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-4641 of 2020

___________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.19638/2020 (Urgent).

2. For order on CMA No.19639/2020 (Exemption).

3. For order on CMA No.19640/2020 (Stay).

4. For hearing of main case.

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25^th September 2020

Khawaja Shams-ul-Islam, Advocate for Petitioners.

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1. Urgency granted.

2. Exemption granted, but subject to all just exceptions.

3/4. Learned counsel for the petitioners submits that the petitioners are importers of betel leaves (PAN) from Sri Lanka, Bangladesh under Free Trade Agreement at concessionary rates and have recently imported various consignments from Sri Lanka, detail of which has been furnished at pages 83 to 141-D of the Court’s file, whereas, petitioners have filed Goods Declaration alongwith Airway Bills and Commercial Invoices, etc. in terms of SRO No.280(I)/2014, dated 8^th April 2014 at declared value of net weight 8kg per basket by excluding the weight of basket, rope and water. However, according to learned counsel, respondents are not processing petitioners’ G.Ds. and intend to charge duty and taxes on the basis of gross weight (9kg per basket) including weight of basket, rope and water instead of net weight of betel leaves (PAN) in terms of PCT Heading 1404.9020. Per learned counsel, respondents are creating serious harassment to the petitioners, who illegally detained them for hours without lawful authority, whereas, they are being threatened that their previous consignments will also be charged to duty and taxes on the basis of gross weight instead of net weight and criminal proceedings will be initiated. Per learned counsel, the subject consignments are perishable items and have a short shelve life, therefore, requests that petitioners are willing to secure the disputed amount of duty and taxes before the concerned Collectorate in the shape of Pay Order(s) and/or Bank Guarantee(s); provided respondents may be directed to allow provisional release of the subject consignments, however, may be restrained from taking any coercive action against the petitioners and also not to encash the pay-order(s) and/or bank guarantee(s) till final decision of this petition.

Let pre-admission notice be issued to the respondents as well as D.A.G. for 05.10.2020, to be served through first three modes, when comments, if any, shall be filed with advance copy to the learned counsel for petitioners. In the meanwhile, the request of petitioners for provisional release of the subject consignments, subject to securing disputed amount of duty and taxes before the concerned Collectorate in the shape of pay-order and/or bank guarantee, shall be considered by the respondents in accordance with law and compliance be furnished before next date of hearing. Respondents are further directed not to create any kind of harassments to the petitioners and not to take any coercive action against them till next date of hearing.

J U D G E