Court of Appeal stays proposed seizure of mandarin consignments

Saturday, 10 May 2025 00:00 - - {{hitsCtrl.values.hits}}

The Court of Appeal issued an interim order by way of suspension, staying the proposed seizure of consignments of Pakistani mandarins as well as other products imported by MAS Impex Ltd., following a contested move by Sri Lanka Customs to detain the goods over alleged misdeclaration and duty evasion.

The petitioner, MAS Impex, filed this application challenging a letter from the Deputy Director of Sri Lanka Customs dated 02.04.2025, alleging that the petitioner had imported 25 consignments of kinnow mandarins under an incorrect HS code, purportedly evading over Rs. 28 million in state levies.

President’s Counsel Farman Cassim appearing for the petitioner submitted that all imports were declared lawfully under the Pakistan-Sri Lanka Free Trade Agreement (PSFTA), which grants duty-free access to mandarins from Pakistan, including the Kinnow variety.

Furthermore, the President’s Counsel submitted that the Sri Lanka Customs acted unilaterally and in violation of Natural Justice Principles. The petitioner stated that it was never given prior notice of an inquiry or an opportunity to be heard before the adverse decision was made.

The petitioner further stated that the said action is arbitrary and undermines both the PSFTA and the Constitutional protections for treaty obligations.

Upon hearing the initial application on 30 April 2025, the Justices of the Court of Appeal, Court of Appeal Acting President M.T.M. Laffar, and K.P. Fernando issued an order suspending the letter of the Customs proposing to seize consignments of the petitioner until 9 May 2025.

When the matter was taken up yesterday, they extended the suspension of the letter issued by Sri Lanka Customs proposing to seize consignments of the petitioner until the 2 September 2025.

The petitioner, MAS Impex Ltd., was represented by Farman Cassim PC with Vinura Kularatne, Faadhila Thassim and Talal Fauz Attorneys-at- law, instructed by Neethika Partners Attorneys-at- law.

The respondents were represented by Deputy Solicitor General Wickum De Abrew PC.

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