KARACHI: A two-member bench of the Sindh High Court (SHC) directed customs officials to file their respective para wise comments on several constitutional petitions filed by M/s Haji Muhammad Rahim & Sons Petroleum Services and others against lodging FIRs for alleged violation and charges of smuggling of POL products under section 2 (s) of the customs act, 1969 and the petroleum act, 1934 OGRA Ordinance, 2001.
On 28 June 2021, counsel for the petitioners stated that despite the fact that the petitioners are engaged in the lawful business of fuel/ HSD retail outlet in accordance with law since almost 10 years and no discrepancy was ever reported in this regard, the officials of customs department along with local police visited at the petitioners’ petrol pump on Jan 22, 2021 and requisition documents such as OMC/ dealership authorization & Form-K without having any lawful authority in this regard.
He further submitted that customs officials detained huge quantity of petrol and diesel without providing ample opportunity to the petitioner, therefore, 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 Additional Collector Collectorate of Customs Adjudication others as respondents, petitioners pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary and quash the first information report and impugned order may be suspended till final decision of this present appeal and restrain them from taking any adverse action against the petitioners.
