KARACHI: The Sindh High Court passed interim order and restrained customs officials from further proceedings against the petitioner pursuant to first information report (FIR) on a constitutional petition filed by Syed Khurram Hussain Naqvi and Muhammad Sohail, partners of M/s World Ocean Centre against lodging FIR, calling petitioners unnecessarily in mis-declaration of diplomatic cargo wine of 543 liters valuing of Rs3,99,554 under the garb of against ministry of foreign affairs exemption certificates.
On 21 December 2020, two-member bench heard the constitutional petition along with contempt application against customs officials.
During the hearing, alleged contemnor Arshad Jawwad, Collector Port Qasim is in attendance and Suhail Muzzafar, advocate had filed vakalatname on behalf of alleged contemnor and submitted that he will file affidavit of the alleged contemnor as according to him, perhaps the FIR has been lodged due to some mis-understanding after passing of restraining order dated Nov 06, 2020.
Earlier, counsel for the petitioners argued that petitioners have acted bonafidely and they have discharged their obligations as authorized customs agents truly in accordance with the applicable laws, the petitioners have no concern with the allegedly committed offence.
He further argued that petitioners are being called by different persons of customs officials through telephone calls but despite repeated requests by the petitioners, none of them have required the petitioners through proper notices.
Citing secretary Ministry of Finance, secretary Ministry of Foreign Affairs, Collector of Customs Port Qasim, DG I&I-FBR as respondents, petitioners pleaded the court to restrain them from calling unnecessarily, causing them harassment and taking coercive action against the petitioners including their arrest on the allegation of mis-declaration.
Earlier, the investigation officer of Collectorate of Customs Hyderabad informed the customs court that on actionable information, customs officials intercepted Hino Truck bearing registration No C-1456 along with a 20 feet container.
He further informs the court that during the search, customs officials found diplomatic cargo wine of 543 liters valuing of Rs3,99,554 which was cleared under the garb of against ministry of foreign affairs exemption certificates.
He stated that abovementioned suspect is on jail custody, however, Muhammad Sohail, Syed Khurram Hussain Naqvi, partner of M/s World Ocean Centre/ clearing agent are on interim bail.
According to the prosecution, case was registered for violation of under 2 (s), 15, 16, 32 & 157 of the customs act, 1969 read with section 3 (1) of the import & export (control) act, 1950, punishable under clauses (8) & 89 of section 156 (1) of the customs act, 1969 and section 157 (2) ibid read with SRO 566(1)/2005 dated June 06, 2005.
