Islamabad: President Dr. Arif Alvi upheld the decision of the Federal Tax Ombudsman (FTO) who ordered the Lahore Customs Office to issue within 7 days the radiation machine for the treatment of cancer patients who lied with M/s Gerry’s Dnata (Pvt) Ltd from 2023. He directed the issue by considering the sensitive nature of the device and the noble cause of serving humanity, especially cancer patients.
He emphasized that in case of non-compliance, the customs collector will initiate the necessary proceedings according to the law. The President deplored the fact that the radiation machine had been lying in the shed of the customs office in Lahore since 04/04/2023 and Gerry’s refused to release the machine without paying additional costs for keeping the consignment with it in storage, even though the customs authorities had issued a certificate of delay and detention (DDC) for waiver of storage/detention charges.
He complained that the Gerry’s didn’t take it seriously and refused to release the machine without paying a lot of storage fees, which is what cancer patients and the poor people of Pakistan who are being treated in the country’s government hospitals are suffering. “The exploitation of business in this way without a compassionate understanding of the issues is deplorable,” he added. Regarding the particulars, the General Manager of Mayo Hospital Lahore (complainant) filed a complaint with the FTO at the Office of Customs, Allama Iqbal International Airport (AIIAP), Lahore for Mr. Gerry’s refusal to comply with the delay and detention certificate. (DDC) issued by the Customs Assistant and released the machine.
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According to him, Mayo Hospital imported the Cobalt-60 source to irradiate cancer patients and was the only machine available to patients in public sector hospitals. The machine has been lying in the shed of the Collector of Customs, AIIAP since 04/04/2023 due to non-availability of funds to pay dues to M/s Gerry’s. Customs referred the matter to the Cargo Manager of Gerry’s Dnata Shed, AIIAP, Lahore, who refused to release the consignment without payment of dues. The complainant sought a waiver of fees and expedited release of the facility but to no avail.
Feeling aggrieved, he approached the FTO, who asked the AIIAP Collector of Customs in Lahore to immediately coordinate with Gerry’s for the release of the goods. Gerry’s then appealed the FTO’s decision to the President. After hearing the case, the President noted that Gerry’s had not imposed a DDC by failing to release the machine in violation of the provisions of the Customs Act, 1969. He pointed out that the legislature had imposed criminal consequences on those who failed to comply with a properly issued DDC and the provisions of the Act were to be strictly construed and binding.
He referred to Section 14-A of the Customs Act, which provides that if any agency or person managing or owning a customs airport fails to comply with a DDC issued by a customs officer, such agency or person shall be liable to a penalty not exceeding five hundred thousand rupees. He said the DDC issued by the Customs Assistant must be respected and Gerry cannot ignore the provisions of the law. The President therefore rejected the representation of Gerry’s and directed the AIIAP Customs to implement the orders within 7 days, release the goods and in case of non-compliance initiate necessary proceedings under the law.
