KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to act strictly according to law and submit comments on a constitutional petition filed by Suhail Umer, proprietor of M/s Mega Industries and Ghulam Muhammad, customs clearing & forwarding agent against lodging first information report (FIR) and Challan.
On 1 December 2021, during the hearing, counsel for the petitioners argued that customs officials claimed that during the initial investigation carried out after the examination, it revealed that Muhammad Nazim Minai in collaboration with M/s Jillani International Cargo Services tried to hood wink the customs authorities by clearing the psychotropic medicines under the garb of imported consignment of polyester man-made white fabrics etc.
Counsel added that on January 9, 2018 during the trial of the accused Sohail Umer pleaded guilty and was convicted and sentenced till rising of the court, dated Sep 04, 2019, charge framed against remaining three suspects which they pleaded not guilty and claimed to be tried.
Counsel further argued that same date court acquitted all accused under section 265K and also observed that this order will not preclude other competent agency to proceed with the matter according with law and on that observation, investigation officer of collector of customs model customs collectorate of export submit charge sheet before special court-11 (CNS) Karachi which is total illegal and unlawful.
Citing Secretary of Revenue Division, Special Judge Customs, Taxation & Anti-Smuggling Karachi, Special Court-11 (CNS) Karachi, Special Court of Drugs Sindh and Collector of Customs Export as respondents, court may accept this petition and stay the proceedings initiated by the CNS Court-2 Karachi and declare that the act of filing the fresh challan under the CNS Act, 1997.
