KARACHI: A division bench of the Sindh High Court (SHC) directed secretary revenue division/ chairman FBR to conduct inquiry in respect of the prima facie manifest unfettered exercise of power by functionaries, conducting search and seizures, in violation of the act and the fundamental rights inter alia with respect to livelihood and liberty, enshrined in the constitution, and initiate appropriate proceedings against those found to be culpable. A detailed judgment has been released on Dec 22, 2020.
According to the judgment, court announced details judgment on a constitutional petition filed by Muhammad Hassan Nadeem and others against conducting raids and seizure of their imported fabrics by customs officials.
According to the judgment, it is hereby declared that the search and seizure conducted by the respondents was in prima facie violation of the law, inter alia incongruent with sections 162 and 163 of the customs acts, 1969, however, respondents shall remain at liberty to initiate adjudication proceedings against the respondents, if they are in possession of cogent material, an may pass orders in accordance with the law, after providing apple opportunity of being herd to the petitioners.
The goods, seized by the respondents shall be returned thereto within seven days from the date hereof, however, the respondents shall remain at liberty to make inventory and draw samples, if deemed expedient.
Court further observed in its order that insofar as the FIR and criminal proceedings are concerned, the petitioners may approach the trial court with an appropriate application for quashing of proceedings, which shall be decided in accordance with law, keeping in view the observations and findings recorded by us.
Court directed secretary Revenue Division and chairman FBR through the office of the learned attorney general, before the learned registrar of this court within 4 weeks from today and office is instructed to communicate copies hereof forthwith to the respondent.
