KARACHI, Nov 20: The Sindh High Court (SHC) on Wednesday took serious notice of the decision taken by Collectorate of Customs (Exports) disallowing export of kinoo in wooden crates from November 19, 2002, terming it a misinterpretation of the court’s order by the Export Collectorate.

Collector of Customs (Exports) Aftab Baloch has sent a letter to the Vice Chairman, Export Promotion Bureau (EPB), Ejaz Ahmed Qureishi on November 19 in which the Collector, while referring to the Court’s Order of November 16, has stated that the Court has ordered for strict implementation of the EPB’s decision of September 24 in which export of kinoo in wooden crates was disallowed.

The letter further stated that the Court’s direction in para 3 of the order conveyed a slightly different impression and further in order to avoid any contempt in this regard, the Collectorate of Customs (Exports) has stopped allowing kinoo exports in wooden crates. The letter added that if EPB’s understanding of the order is different from that of the Collectorate, it may formally advise the Collectorate so that necessary action could be taken accordingly.

On Wednesday, Pakistan Apple and Citrus Export Board (PACEB) had sought clarification from the order passed by the Court on November 16. In response to this, the court said that there is absolutely no ambiguity in court’s order of November 16 in which the EPB and Collectorate were directed not to implement any decision that EPB may take in its proposed meeting whereby it may stop the export of kinoo in paper carton. Neither this court by order dated November 16 restrained any of the defendants from allowing export of kinoo in wooden crates nor was the order applicable in respect of any other exporters.

SHC Judge, Justice Maqbool Baqir, in the order, said that it is strange that government functionary of the status of Collectorate of Customs has misinterpreted the court order. There appears to be some mischief played by some party having interest in that matter.

The Judge has sought a written explanation from Collector of Customs (Exports) with regard to his letter and asked to appear before this court as his purported interpretation of the court’s order, as contained in his letter and the decision taken by him purportedly on the basis of such interpretation, has not only caused difficulties for the exporters but may result in loss of foreign exchange to the country. The delay caused by him in clearance/release of the consignment may have serious repercussion in relation to fruit export business from this country.

The Court has issued notice to plaintiff (Mateen Siddiqui) and Collector of Customs (Exports) to appear on November 26.

On Wednesday, the kinoo was being shipped in paper cartons, and not in wooden crates.

At a time when country needs foreign exchange — fruit exporters of various associations are busy these days in flexing their muscles to overwhelm each other instead of showing any unity on export front.

Market sources said that the Ministry of Commerce should now take cognizance of the matter and come forward immediately so that loss of foreign exchange could be averted. Pakistan may not be able to cross even the last fiscal’s earning of $20 million if any firm decision over kinoo shipment in crates or cartons is not arrived at immediately.

The chairman, Fruit Vegetable Processors and Exporters Association, Mateen Siddiqui has already obtained a stay order from the Sindh High Court till December 10, thus restraining the EPB from effecting change, additions, amendments, alteration or relaxation in the settled policy for export of kinoo.

Mr. Siddiqui had submitted in the SHC through his counsel that the EPB had last year allowed the kinoo export in cardboard/ paper cartons and on April 24 disallowed export in wooden crates.