KARACHI: The Sindh High Court (SHC) issued notices to the customs officials on an application filed by Muhammad Irfan, of M/s Noorani Agency for deciding his application for acquittal under Section 265k Cr.Pc booked in NAB reference for mega sales tax refund scam.
On October 15, 2019, a two-member bench also directed the respondents to make sure to file their para wise comments on next date of hearing.
During the hearing, counsel for the petitioner stated that petitioner was employed with M/s Noorani Agency as outdoor clerk, his boss asked him to open his own account in the bank for certain transactions for him through cheques or pay orders only, being employee, in good faith he opened his account, neither he received nor issued any amount in cash, transactions were done by the his owner under signature of the petitioner, through bank record.
He submits that later on investigations were conducted regarding business, sales transaction and refund of sales tax etc and reference no 25 of 2017 was filed against him, his owner and others accused persons and the petitioner was shown as absconder in the reference, allegation was fixed that petitioner aided and abetted others in obtaining illegal sales tax refunds by signing flying sales tax invoices of M/s People Trading Company and layering suppliers fund through his bank accounts and return back the same by to theses suppliers accounts through pay orders shown as payments on behalf of M/s Al-Falah Impex, just to show fake compliance of Section 73 of Sales Tax Act, 1990.
He further argued that main accused Anfal son of Abdul Wahid filed an application with the NAB with respect to plea bargain and accordingly the special prosecutor NAB filed application supported with reference of plea bargain made nu the director general NAB Karachi for approval by the learned trail court, who disposed of the said application vide order dated 24/ 07/2019.
Counsel stated that petitioner filed an application under section 265K Cr Pc before the learned trail court which is pending before the trail court (NAB).
Citing Director General of NAB as respondents, petitioner pleaded the court may direct to NAB Court Karachi no 1, to decide early as possible his application for acquittal under section 265k Cr Pc.
