KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to file their respective para wise comments on a constitutional petition filed by Muhammad Aslam (importer) seeking quashment of FIR.
On 30 July 2021, counsel for the petitioner argues that customs officials made out the seizure case on the intervening night of 16/17 October, 2015 a consignment of transshipment cargo contained in container loaded on Nissan Trawler, was pilfered in a godown situated, opposite OBS’s Pakistan Pvt Ltd, factory, SITE, Karachi.
He argues that this consignment was destined for Lahore Dry Port, which was customs charges out by the Appraisement West, Karachi from PICT, Karachi, in this connection, secret tips/ alerts were received to the effect that some unscrupulous member of trader’s community were engaged in import of commercial goods of higher levy under the grab of transshipment for upcountry, in order to materialize the information viz, the staff of anti-smuggling organization of preventive collectorate entrusted with exclusively enforcement work established an intelligence network in field.
He states that during the search, a huge quantity of foreign origin goods than recovered, was initiated which to a considerable time and continued inventory, prepared on the spot, which were accordingly seized along with impounded Nissan Truck and a show cause notice was issued to the petitioner, he submitted joinder, however, a FIR was lodged against the petitioner and others illegally.
Chairman FBR and Collector of Customs Preventive as respondents, petitioner pleaded the court that petitioner is ready to submit solvent surety, against the illegally detained the-in-question goods, after proper re-exemption and proper assessment the duty and taxes amounts as per 90 days data/ goods declaration the Nazir of this court.
He further pleaded the court to restrain them from taking any adverse action against the petitioner till final order in this petition.
