KARACHI : A divisional bench of High Court of Sindh (SHC) comprising Chief Justice Sajjad Ali Shah and Justice Zulfiqar Ahmed Khan was informed by Pakistan Customs that six more FIRs have been registered against the petitioner, a clearing agent Sharjeel Jamal.
Pakistan Customs in compliance of order passed by the SHC on Tuesday submitted the copies of the FIR when the petition filed by Sharjeel was taken up.
The bench was told that more material evidence is being unearthed against the accused at which the bench said that Custom can register case or cases against the petitioner if sufficient evidence is available with them. The bench also reiterated that for next ten days, petitioner is protected from arrest but he has to approach the trial court for obtaining necessary orders. The bench with the above observation disposed of the petition.
The bench was hearing a petition seeking quashing of 13 FIR’s registered by Collectorate of Research and Development (R & D), against him on alleged charge of mis-declaration in the Goods Declaration (GD) in at least thousands of cases. So far, more than 100 cases have been detected by the Customs.Yesterday Barrister Faroogh Naseem appearing for the petitioner submitted that the manifest submitted on automated system was in complete consonance with GD. He said that clearing agent has no role as the goods in dispute have been “out of charge” and sold out in the open market. It was a past transaction not closed, submitted Kashif Nazeer Advocate, counsel for Pakistan Customs.
The counsel for petitioner submitted that FIR is without jurisdiction as petitioner acted upon the instructions of the importer. He referred to the section 3, 4 and other relevant sections defining the powers of the custom officers and said the sections in the FIR did not empower them to lodge the same. He said that petitioner was harassed, detained in the name of interrogation despite bail obtained from single judge of SHC. He is being targeted dash has been a complainant against senior custom officials. The petitioner also informed the bench that he filed a constitution petition before Islamabad High Court against Custom Officials and stated the names of officers involved in 8000 missing containers case.
Kashif Nazeer Advocate in his concise and brief arguments said that custom act empowers the respondents to lodge the FIR. Relying on section 192 of the Customs Act 1969, he stated that even a private person can give information to a Customs Court of an offence and thus a custom officer cannot be barred from informing the Customs Court. We have just informed the court and it was for the court to take cognizance or otherwise, he submitted.
He then cited relevant sections of the Customs Act and said that an importer and agent, both are liable in case of any illegality, commission or omission. The agent is responsible for GD filed and if incorrect, a criminal liability follows. In case of bona fide mistake, penalty can be imposed; he argued opposing the petitioner’s plea.
Ghulam Nabi Kumboh, Dupty Collector R & D West and Investigating Officer Shahid Irabhim Dasti on a query by the court said that petitioner has tampered the import documents and while goods were loaded from India and landed at UAE with final destination as Pakistan manipulated the Mater Bill of Landing showing that consignment originated from China. We have investigated four cases, which lead to 29. 13 out of 29 lead to over a hundred cases and we anticipate at least 1300 cases of mis-declaration.
Kashif Nazeer advocate concluding his arguments submitted that consignments fell under prohibitory banned item class which were liable to be confiscated and petitioner was liable to pay 200 per cent fine. He submitted that petitioner is not ready to join the investigations and is taking refuge behind law.
The bench asked that how many FIR’s have been lodged. The custom’s counsel said that so far four FIRS could be confirmed as MCC East also had some cases besides MCC West.