KARACHI: A divisional bench of High Court of Sindh (SHC) headed by Chief Justice Sajjad Ali Shah ordered issuance of notices to Secretary, Federal Board of Revenue, Collector Customs (Appraisement), Deputy Attorney General for Pakistan Feb 10 in a petition alleging harassment by a Custom Clearing Agent Sharjeel Jamal.
Earlier Barrister Farogh A Naseem advocate appearing for the petitioner submitted that more than a dozen identical FIRs’ have been registered against the petitioner under Section 16, 31 (1) (2), 32 (A), 79 of the Customs Act 1969 against his client.
The petitioner was discharged of his responsibility once the goods are cleared by the Custom authorities and could not be held responsible for any breach or violation of the law. The Customs department has lodged the FIRs on presumption, assumption and surmises, he submitted adding that FIRs were lodged to victimize him as consignment itself was “out of charge”. The petitioner has no role in the release of disputed consignments and FIRs are without jurisdiction and thus liable to be quashed, pleaded Dr.Farogh A Naseem. Pleading foul play, he submitted that petitioner is witness against officials of Customs department in many cases. He expressed apprehension that he will be treated unfairly therefore some kind of protection must be provided.
The bench noting all contention of the counsel for petitioner in its order today while issuing notices to the respondent for Feb 10 also ordered that counsel for petitioner “to satisfy the court whether quashing of crime in particular is permissible. Till then no coercive action be taken against the petitioner”.
The cases pertain to import of “Textile Grey Fabric” from Ningbo, China (Ziang Niong Corporation) and Port of Loading claimed to be China while it was found that port of loading in fact was Dubai (UAE).
The mis-declaration was deliberate and to hoodwink the Custom authorities, the FIRs said adding that efforts are underway to “apprehend the accused persons involved in this crime and ascertain financial aspect of the case”.