Afghan transit Trade: SHC restrains Customs from coercive action against Nagina Electronics

KARACHI: Admitting a Special Customs Reference Application for regular hearing a divisional bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Abdul Malik Gaddi, restrained respondent Custom officials from any coercive action against Nagina Electronics, Lahore, Peshawar.

Essa Khan, owner of the Nagina Electronics challenged an order of Collector Customs imposing a fine for alleged pilferage of goods from a consignment destine for Afghanistan.

The Chairman/Member Judicial of Special Customs Appellate Tribunal, Collector of Appeals, Additional Collector and Directorate General of Intelligence and Investigations, FBR Regional Office Peshawar and Lahore are cited as respondents.

The applicant maintains that he was served with a show cause notice while no role was assigned to him in alleged pilferage of the Afghan Transit trade. The petitioner said that violation as reported in the contravention reports pertained to the year 2008 and 2009 while petitioner was engaged in import and export for US and German army. The main accused are one Jamal Durrani,  Naeem Qureshi and Mrs.Naila Naeem Qureshi who in connivance with some custom officials pilfered the goods and the applicant was falsely implicated to save the skin of the custom officials. The appellate tribunal failed to even mention my contentions or defense, said the applicant seeking an interim order against any coercive action.

The bench after hearing initial arguments while issuing notice for Oct 14, restrained the respondents/customs from taking any coercive action against the applicant till next date.

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