KARACHI: A two-member bench, headed by Justice Muhammad Junaid Ghaffar and Justice Agha Faisal disposed of constitutional petition and directed customs court to make all possible efforts to decide it expeditiously and on priority filed by Sardar Muhammad Aslam Gabol seeking release order for its imported 72 falcons which were seized by customs officials made allegation for allegedly smuggling.
On 12 March 2021, a division bench of the Sindh High Court (SHC) heard the matter.
During the hearing, Muhammad Nadeem Qureshi, Atique-Ur-Rehman Khan, advocate for the petitioners, Khalid Rajpar, advocate for the customs department, Muhammad Ahmer, Assistant Attorney General, Jawad Dero, Additional Advocate General Sindh, Haroon Waqar Malik, Additional Collector of Customs, Muhammad Asim Awan, Deputy Collector of Customs, Malik Safdar Ali, Senior Preventive Officer, Mr. Javed Ahmed Mahar, Conservator, Sindh Wildlife Department appeared before the court and made their arguments.
After the hearing, the ourt passed an order and observed that “we have heard all learned Counsel as well as learned Additional Advocate General. By consent, both these petitions are disposed of in the following terms:
The petitioners, if aggrieved by the orders dated 21.10.2020 and 14.11.2020, passed by the Special Judge (Customs and Taxation) may seek appropriate remedy, by impugning such orders before the competent court, which shall be dealt with in accordance with law.
The petitioners, if so want, can also approach the trial Court1 constituted under the Sindh Wildlife Protection, Preservation. Conservation and Management Act, 2020, where, presently Crime No.01/2021 dated 25.01.2021 is pending, for any remedy as may be available in law, including the interim 1 District and session court as per section (lviii) presently assigned to Xth Additional District & Sessions Judge, Karachi-South 2 release of the birds in question, which shall be dealt with as per law.
During such period and till such time the competent court seized with the above crime decides it, the custody of the birds shall be kept safe by the Customs authorities as directed vide our orders dated 25.11.2020 and 8.12.2020 and, if needed, may seek assistance from the Wildlife Department of Government of Sindh as well as from the petitioners.
It is expected that due to the nature of the case and life of the birds, the Court seized with the matter, will make all possible efforts to decide it expeditiously and on priority. With these observations, both the petitions, along with pending applications, are disposed of. Let a copy of this order be issued to the office of learned Advocate General and the Court as above. Office is further directed to place a copy of this order in the connected petition as mentioned above”.
