KARACHI: The Customs Court directed customs officials to file their para-wise comments on petition for acquittal filed by Mian Abdul Rasheed son of Atta Muhammad, Director of M/s Kamran Lubricants Private Limited,, who is booked in a case of tax evasion, under Section 265-K Cr. PC read with Section 185-B (d) of the Customs Act, 1969 for acquittal.
On July 24, 2018, during the hearing, counsel for the above-mentioned importer argued that according to the FIR, the occurrence dated of the alleged incident is May 26, 2009 whereas FIR was lodged on Nov 24, 2009, alleging that a consignment was imported by the petitioner by declaring description as residue of petroleum, which is chargeable of customs duty at 0% sales tax at 16% and income tax at 2%.
He further argued that prosecution further allegation fixed that quantity and other particulars have grossly been mis-declared by the importer to cause revenue loss to the government, representative samples were drawn, Customs House laboratory identified the goods as diesel oil instead of declared description as residue petroleum in the BL and Cargo information electronically filed by the concerned shipping agent, therefore, importer tried to evade customs duty and taxes to the tune of Rs6,207,826 thus has committed an offense under Section 2 (s) 2 (kka) Section 16 and relation offenses under Section 32, 155 (A) (CENF).
Counsel argued that allegations are baseless and prosecution has not produced any single concrete evidence against his client, therefore, court has power to acquit his client for lack of evidence.
