KARACHI: A division bench of the Sindh High Court (SHC) directed customs officials to submit para wise comments on a constitutional petition filed by Junaid Ahmed Banth against lodging first information report (FIR) and detention of goods and warrants of arrest issued by the Customs Court Karachi.
On 12 October 2020, a two-member bench heard the matter, during the hearing, counsel for Junaid Ahmed Banth son of Riaz Ahmed Khan, partner of M/s Taimoor made his arguments.
After the hearing, court restrained customs officials from his arrest subject to his furnishing surety in the sum of Rs100,000, however, the court also directed petitioner to cooperate with the prosecution.
Earlier, counsel for the petitioner submitted in his constitutional petition that a total yarn, dyed and printed fabrics of 16.50000 MT was exported by the petitioner and filed goods declaration, however, first information report was lodged alleging mis-declaration in the description and quantity/ weight and the goods of the petitioner were detained.
He submitted that petitioner was issued show cause notice and petitioner submitted a reply to the show cause notice wherein it was clarified that no mis-declaration as alleged by the customs officials was committed by the petitioner.
He argued that consequently, an order in original was passed by the collectorate of customs adjudication-II, it is observed in the above mentioned order that the respondent has failed to prove any concrete evidence to substantiate the allegation regarding mis-declaration on account of description, however, petitioner was directed to submit the additional E-form for differential amount and an additional penalty, however on applying, customs officials denied and lodged the FIR.
He submitted that department also made an attempt to arrest the petitioner but he managed to escape and pertinent to mention herein that the petitioner made an attempt to seek bail but due to COVID-19 the country went into lockdown and the petitioner was forced to stay in quarantine in Punjab.
Citing chairman FBR, , director Intelligence & Investigation, Customs Exports and others as respondents, the petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
