ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-3139 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.13390/2021 (Urgent).

2. For order on CMA No.13391/2021 (Exemption).

3. For order on CMA No.13392/2021 (Stay).

4. For hearing of main case.

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6^th May 2021

Mr. Darvesh K. Mandhan, Advocate for Petitioner.

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1. Urgency granted.

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

3&4. Learned counsel for the petitioner submits that the petitioner has imported Secondary Quality CRC Sheets from South Africa by declaring its value at 0.59 US$ under HS Code 7209.9010, whereas, respondents have assessed the same at the rate of 0.62 US$, however, the consignment is not being released by the respondents, who are trying to dispute with regard to the weight of some other items and there is likelihood that contravention may be made. It has been prayed by the learned counsel for petitioner that keeping in view the upcoming Eid holidays petitioner is willing to make payment of duty and taxes alongwith additional duty and taxes, if so assessed by the respondents, for the purpose of provisional release of the consignment in the shape of pay order / bank guarantee before the concerned Collectorate, hence requests that respondents may be directed to allow provisional release of the petitioner’s consignment in the above terms.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 19.05.2021, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, the respondents are directed to further process of the G.Ds. in accordance with law and in case of any dispute with regard to the duty and taxes, provisional release of the consignment may be allowed subject to securing the disputed amount of duty and taxes in the shape of pay order / bank guarantee before the concerned Collectorate. Compliance may be furnished on the next date of hearing.

J U D G E