KARACHI: The Customs Court approved interim pre-arrest bail to suspects namely Saleem Akber son of Akber Ali and Sikandar Ali Baloch son of Muhammad Yaqoob, owners of outlet Saleem Akhtar Ali against the surety of Rs100,000, who were nominated in first information report (FIR) for sale of smuggled petroleum products.
On 11 February 2021, counsel for the petitioner stated that customs authorities are not empowered to level charges of smuggling under section 2 (S) of the customs act, 1969, on the basis of presumptions raised on the basis of alleged violation of Petroleum Act, 1943 and OGRA Ordinance 2002.
He further argued that the prosecution wants to arrest the applicants with malafide intention and in case they are arrested they would be tortured, humiliated and pressurized to admit the guilt which they never committed, lastly, he requested that applicants accused may be granted bail before arrest.
Earlier, investigation officer had submitted FIR and informed the court that in pursuance to federal government initiative and Federal Board of Revenue’s directives, a country wide operation was launched against the illegal POL, outlets/ dumping site to the effect that the smuggled/ non-duty paid petroleum products are being sold at these outlets operating in various parts of the country.
He stated that consequently, a joint team comprising officers of the customs, district management and police department was constituted to counter verify the legality of these POL outlets and products therein and during the operation, customs officials found huge quantity of POL from different outlet and during conducting operation, officials of same failed to produce any lawful documents of petroleum products, therefore, after the formalities, customs officials seized the same and FIR has been registered against owners of the outlets
According to the prosecution, case was registered for violation of under section 2 (s), read with sections 16, 156(2), 157, 178 and 187 of the customs act, 1969 and the rules made thereunder, further read with section 3(I) of import & export control act, 1950.
