KARACHI, 23: The Sindh High Court on Saturday issued contempt notices to the customs collector for appraisement and five other officials for defying its order to release a consignment of imported machinery against a bank guarantee for five per cent of the customs duty as provided by a statutory order.
The importer concerned submitted through his counsel, Advocate Jawaid Ahmed Siddiqui, that an order requiring the customs officials to accept their bank guarantee was passed by a division bench, comprising Justices S. Ahmed Sarwana and M. Mujibullah Siddiqui on Jan 25. The bench had observed that the petitioner was not liable to pay the sales tax under an SRO issued on Aug 30, 1999. It should be delivered its consignment against a bank guarantee for five per cent of the customs duty already submitted by it as per rules and practice.
The order was, however, being resisted by the customs collector and five other officers concerned as, according to them, the order was passed by the high court in disregard of a point of law — that the machinery was meant for installation in Azad Kashmir, and that Azad Kashmir was not a part of Pakistan and that the SRO in terms of its provisions was applicable only to territories included in Pakistan.
Advocate Siddiqui moved a contempt petition on behalf of the aggrieved importer and the division bench directed that contempt notices be issued to the respondents for Feb 27.
