KARACHI: A division bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Abdul Malik Gaddi on Tuesday dismissed a Special Customs Reference Application filed by the Collector Customs, MCC Hyderabad, ASO unit and others against defendant/respondent Khuda-e-Rahim.
The applicant questioned a judgment by the Special Customs Appellate Tribunal which ruled in favour of the owner of the oil tanker.
Kashif Nazeer advocate represented the applicant. The bench at the outset asked a number of questions relating to facts.
The counsel for applicant candidly conceded that as per documents, BYCO oil company verified the sales invoice while the laboratory test of the sample drawn from the 50000 liter HSD, performed by Hydro Carbon Development Corporation also declared the HSD to match the Pakistani standards thus cannot be smuggled one.
The said oil tanker was intercepted earlier too and the route it adopted was not according to the final destinated stated to be Sheikhupura, the counsel for applicant submitted adding that address of final destination was also also incomplete rising doubts.
The bench while observing that Customs Officials behaved like ‘police’ and on suspicion, without waiting for the report of the test issued show cause to the respondent/owner.
The bench later dismissed the SCRA with a detailed order.