KARACHI: The Sindh High Court (SHC) connected all the constitutional petitions filed by Fateh Muhammad, owner/ operator of M/s Kapro Petroleum Services and others, against lodging first information report (FIR) on the charges of smuggling of POL products under section 2 (s) of the customs act, 1969 and the petroleum act, 1934 OGRA Ordinance 2001.
On 9 August 2021, during the hearing, counsels for the petitioners attended the court, however, court directed them to come prepared and court will proceed with all the constitutional petition on the same issues.
Earlier, counsels for the petitioner’s stated that petitioners are engaged in the lawful business of fuel/ HSD retail outlet in accordance with the law since almost five years and no discrepancy was every reported in this regard, the officials of customs department, district management and police department visited at the petitioner’s petrol pump and requisition documents such as OMC/ dealership authorization & Form-K without having any lawful jurisdiction or authority.
He further submitted that despite the fact that the above mentioned officials were duly appraised of the factual position as narrated above and that all the petroleum products being supplied at the facility is obtained from M/s Fast Petroleum Limited, against the delivery invoices issued by the company which were also produced before the officers.
Counsel added that however, customs officials detained diesel 616 liters and petrol 9835 liters under detention memo and issued notice under section 26 of the customs act, 1969 and after that first information report (FIR) was lodged prior to seven days’ notice period and without any lawful jurisdiction/ authority, inter alia, on the alleged charges of smuggling of POL products under section 2 (s) of the customs act, 1969 and the petroleum act, 1934 OGRA Ordinance 2001.
Citing Collector of Customs Adjudication, Collector of Customs others as respondents, petitioner pleaded the court may quash first information report (FIR) and impugned order may be suspended till final decision of this present appeal.
