ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1556 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.6986/2022 (Urgent).

2. For order on CMA No.6987/2022 (Exemption).

3. For order on CMA No.6988/2022 (Stay).

4. For hearing of main case.

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11^th March 2022

Mr. Muhammad Fazle Rabbi alongwith Rana Sakhawat Ali, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Learned counsel for the petitioner submits that consignment of the petitioner was duly assessed after payment of duty and taxes and the gate out message was also intimated on WeBOC system, however, the consignment has not been allowed to be released in view of “hold” placed in G.D. of the petitioner at the instance of Directorate of Intelligence, whereas, no notice has been issued to the petitioner, nor the Directorate of Intelligence has any jurisdiction in respect of the duly assessed consignment of the petitioner, particularly alleging the application of valuation ruling in case of the petitioner. Learned counsel for the petitioner further submits that there is apprehension that respondents will be involved the petitioner for false and frivolous case and registered a criminal case against him, hence requests that respondents may be directed not to take any coercive action against the petitioner, whereas, duly assessed consignment of the petitioner may be allowed to be released in accordance with law.

Let pre-admission notice be issued to the respondents as well as D.A.G., to be served through first three modes, for 18.03.2022, when comments, if any, shall be filed with advance copy to the learned counsel for appellant. However, till next date of hearing, respondent may not take any adverse coercive action against the petitioner in respect of the subject consignment.

At this juncture, learned counsel for the petitioner submits that meanwhile respondents may be directed to allow provisional release of the petitioner’s consignment, as the petitioner is willing to secure the disputed amount of duty and taxes in terms of the proposed application of valuation ruling in the instant case. This aspect of the matter will be examined on the next date of hearing.

J U D G E