KARACHI, Oct 13: A division bench of the Sindh High Court has put Collector of Customs and others on notice for Oct 25, in a constitutional petition filed by a pharmaceutical company and directed the respondents to restrain from taking any coercive action against the petitioner till then.

The bench comprising Justice Ghulam Nabi Soomro and Justice Mujeebullah Siddiqui passed the pre-admission order when the petition of Ahson Drugs Company came up on Friday.

Counsel Aziz A. Shaikh and Tayyaba Jabeen contended that the petitioner imported raw materials under conditional exemption available to manufacturers of drugs and medicines registered under Drugs Act 1976.

Collectorate of Customs, Karachi, raised a demand of Rs4,446,454 plus taxes with markup on imports effected during the last quarter of 1999, on the grounds that the consumption certificate be duly verified by Assistant Drugs Controller. The Ministry of Health was not furnished within stipulated period of 15 months in terms of Clause (5) of SRO 1147(1)/89.

Counsel Aziz contended that the encashment notice, without invoking substantive provisions of Section 32 and 179 of Customs Act 1969, has offended principles of “Audi Alterm Partem” as well as “A Communal Observations Non Est Recendendum” (where a thing was provided to be done in a particular manner, it had to be done in that manner and if not so done, the same would not be lawful). He prayed for suspension of the encashment notice.

The bench issued pre-admission notice to collector of customs and others for Oct 25, and directed the respondents to restrain from taking any coercive action against the petitioner till then.