KARACHI: The Customs Court allowed application under section 265-K Cr.PC and acquitted suspects namely Rehan Saeed Khan and Muhammad Muddasir representative of m/S Bilal Enterprises, who were nominated in a case of sales tax fraud scam.
On 18 October 2020, Customs Today received court order.
During the hearing, Jazib Aftab and Saad Siddiqui advocates for accused persons, Ashiq Ali Anwar Rana, special prosecutor for the state appeared before the court and conclude their arguments.
After the arguments, court passed an order that “ heard the perused, its is an admitted position as mentioned by the I.O in the charge sheet as well that M/s Engro Foods Limited made purchase lawfully and goods were received physically/ payment made to buyer M/s Bilal Enterprises legally as per condition mentioned in section 7 read with definition of taxable supplies 2 (41) of the sales tax act, 1990.
It has been revealed that the accused M/s Engro Food Limited is not involved directly in tax fraud by using sales tax invoices but falls in third stage who has utilized sales tax invoices issued by second stage accused persons M/s Bilal Enterprises who has also purchased goods from different persons but major invoices were obtained from accused M/s Ovais Trading & Co, which was in first stage of supply chain.
The purchase of accused from Bilal Enterprises through cheques (banking channel) and receiving of goods physically discharges the accused from the charge.
In view of above there is no probability of conviction of the accused persons, their application under section 265-K Cr.P.C is allowed, they are present on bail, their bail bond stands cancelled & sureties are discharged”.
