ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5064 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.21582/2022 (Urgent).

2. For order on CMA No.21583/2022 (Exemption).

3. For order on CMA No.21584/2022 (Stay).

4. For hearing of main case.

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Dated; 1^st September 2022

Dr. Shahab Imam alongwith Rana Sakhavat 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 petitioners submits that the petitioner is a regular importer of Health and Hygiene Products, including large size Tissue Papers in Jumbo Rolls, which are intermediary medical goods and classified under PCT Heading No.4803.0000, on which there was no duty, however, through amending SRO 1571(I)/2022 dated 22.08.2022 vide amendment made in SRO 966(I)/2022, dated 30.06.2022, 24% regulatory duty has been imposed, which is confiscatory and also discriminatory, as according to learned counsel, the imposition of regulatory duty on raw material of intermediary medical goods cannot be equated with duty on import finished products i.e. Tissue Papers etc. as it is subject to further process. It has been contended by the learned counsel for the petitioner that the imported articles are mostly used in hospital, whereas, bulk supplies are made on reasonable rate as compared to market rate, therefore, imposition of regulatory duty on such imported articles will render the business of the petitioner in-competitive. It has been prayed that imported consignments of the petitioner consisting of Tissue Papers in Jumbo Rolls, are lying at port, which may be allowed to be provisionally released and the respondents may be directed to allow the process of GDs subject to petitioner’s furnishing disputed amount of regulatory duty in the shape of pay order / bank guarantee before the Nazir of this Court.

Let pre-admission notice be issued to the respondents, as well as to the Attorney General for Pakistan under Order XXVII-A, C.P.C., to be served through first three modes, for 19.09.2022, when comments, if any, shall be filed with advance copy to the leaned counsel for the petitioner. In the meanwhile, the request of petitioner for the provisional release of their consignment subject to furnishing disputed amount of regulatory duty in the shape of pay order / bank guarantee before the Nazir of this Court shall be considered in accordance with law and compliance report be submitted on the next date of hearing.

J U D G E

*Farhan/PS*