KARACHI: The Sindh High Court (SHC) has continued interim order passed earlier on a constitutional petition filed by M/s SMD Sons. The petitioner had challenged the registration of an first information report (FIR) on the allegation of mis-declaration in clearance of kerosene oil in the grab of white spirit. A two-member bench, comprising Justice Munib Akhtar and Justice Omer Sial, was hearing the petition.
Earlier, counsel for the petitioner informed the court that it is engaged in the lawful business and never involved in a criminal case, however, officials of the customs authorities lodged the FIR against many importers including the petitioner.
According to the prosecution, the customs officials had received information regarding clearance of kerosene oil in the grab of white spirit by unscrupulous importers and their accomplices operating as a part of organised gang to evade import restrictions imposed vide the Import Policy Order, 2016.
The court was informed that customs officials visited M/s International Tank Terminal located at Dock Yard Road Karachi and collected and sealed representative samples of the said to be white spirit, pertaining to consignment, weighing 500 MT, imported from M/s Ravago Landmark Private Limited Singapore, M/s Anam Traders, Lahore and in order to ascertain the actual description chemical and physical properties, the sample were forwarded to the M/s Hydro Carbon Development Institute of Pakistan, M/s Petroleum Testing Centre, Islamabad which responded and confirmed that to the extent of test carried out in this lab, the properties of sample are similar to that of kerosene oil.
According to the prosecution, after confirmation, customs enforcement seized kerosene oil which was declared white spirit at the time of import by M/s SMD Sons, Karachi, M/s MA Corporation Lahore and M/s Power Industries Pakistan, Karachi and lodged three FIRs (one each against the accused party) for initiating criminal proceedings against the culprits.
Citing customs officials was respondents, petitioner pleaded the court may set aside impugned FIR and restrain them from taking any coercive action against it.
