SHC allows sugar transit to Afghanistan

Sindh High Court (SHC) Friday allowed the safe transit of 262 containers of sugar, detained at port on the pretext of being unfit for human consumption, to Afghanistan in accordance with the relevant laws.

A division bench of SHC comprising Justice Aqeel Abbasi and Justice Mahmood A. Khan issued these orders in response to a constitutional petition, filed by M/s Farid Asif Limited and M/s Sadiq Muslim Limited, based in Afghanistan. Federation of Pakistan through Chairman Federal Board of Revenue (FBR), Collector of Customs, Director General Directorate General of Transit Trade etc. have been made respondents in the petition.

The court also directed the concerned authorities to issue a delay detention certificate to the two importers in accordance with the relevant laws and hoped that the exercise would be done in 15 days, a short order of the bench stated.

The petitioners through their counsel Umair Nisar submitted in the court that they imported 354 containers of sugar under the Afghanistan Pakistan Transit Trade Agreement (APTTA) 2010 from India in June 2019.

They told the court that the respondents cleared 92 containers, whereas the remaining 262 containers have been detained on grounds that the sugar in these containers is not fit for human consumption.

However, the same authorities cleared 92 containers containing the same sugar with the same chemical and visual specifications as of the remaining confiscated containers.

The petitioners contended that the question arises in such circumstances as to why the remaining containers have been detained, when 92 containers of the same commodity were released or cleared.

The petitioners also raised the questions on the jurisdiction of Customs and stated that under the Customs Act 1969 read with Customs Rules 2001 (Chapter XXV) and APTAA 2010, the respondents have no jurisdiction to appraise, examine and test the consignments meant for Afghan transit except in accordance with Chapter XXV of the Customs Rules, 2001 inserted through SRO 601(I)/2011 dated 13-06-2011.

The very act of the respondents to scrutinize the subject consignments based on some alleged "credible information" is not only prima facie malicious but is also in clear violation of the applicable laws and rules and argued that the actions of the respondents cannot be deemed to be legal by any stretch of imagination.

The petitioners requested the court to declare that they are entitled to delivery of cargo comprising of 262 containers sugar declared through GDs imported for transit to Afghanistan as well as declare that the actions of confiscation/detention of consignments of 262 containers is absolutely illegal, unlawful, and untenable in the eyes of law.

The petitioners also urged the court to declare the show-cause notices issued under the Customs Act, 1969 for detention of their cargoes of sugar comprising 262 containers to be illegal, unlawful, null and void and direct the respondents to immediately release the subject consignments comprising of 262 containers as well as withdraw the notices issued.