SUO MOTU COMPLAINT IN MATTER OF DETENTION OF SKIMMED MILK POWDER AT KARACHI BALAGAMWALA OIL MILLS VS SECRETARY, REVENUE DIVISION, ISLAMABAD
2002 P T D 2935
[Federal Tax Ombudsman]
Before Justice (Retd.) Saleem Akhtar, Federal Tax Ombudsman
SUO MOTU COMPLAINT IN MATTER OF DETENTION OF SKIMMED MILK POWDER AT KARACHI BALAGAMWALA OIL MILLS (PVT.) LTD.
Versus
SECRETARY, REVENUE DIVISION, ISLAMABAD
Complaint No. 809 of 2002, decided on 31/07/2002.
Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)‑‑‑
‑‑‑‑S. 9‑‑‑Import of substantial quantity of adulterated and , sub standard skimmed milk powder‑‑‑Samples for testing and result was awaited‑‑‑Complaint against‑‑‑Federal Tax Ombudsman recommended that the Customs Authorities to expedite the matter with the Ministry of Food and Agriculture and finalize the case within 15 days.
Muhammad Latif and Tariq Khuda, Additional Collector for Respondent.
FINDINGS/DECISION
Mr. Tariq Khuda has submitted during hearing a letter dated 27‑7‑2002 enclosing a detailed report of the Collector of Customs (Appraisement) Karachi. The report states in detail the fact involved and the agencies and departments, which have been consulted or associated in the case. From the report it seems that clarification was sought in respect of laboratories reports. It was found necessary as M/s. Pakistan Dairy Association had made a representation on 1‑4‑2002 alleging that a substantial quantity of adulterated and sub‑standard skimmed milk powder are being imported from the East European Countries under the brand names of Cow Boy, Milk Boy, Double Cow and Fluer etc. In view of the laboratory reports and clarification the matter has been referred to Ministry of Food and Agriculture/Health, which according to the C.B.R. is the concerned Ministry, which is to ultimately determine whether the goods are up to Pakistan health standard. Consequently Dr. Saleem Khan, Director Animal Quarantine, Karachi, alongwith Dr. Fayyaz Ahmad Mughal, Quarantine Officer, obtained .samples of all the consignments on 15‑7‑2002 for their testing and result is awaited. After final verdict of the concerned Minister action under the law will he taken.
2. With regard to the complaint of Mr. Balagamwala, it 'is stated that two consignments are also amongst the consignments for which the final result is awaited from the Ministry of Food and Agriculture.
3. In these circumstances as steps have been taken to finalise the matter it is recommended that the Customs Authorities to expedite the matter with the Ministry of Food and Agriculture and finalise the case within 15 days. Compliance report be submitted within one week thereafter.
C.M.A./M.A.K./427/FTO Order accordingly.