KARACHI: The Supreme Court of Pakistan will hear ASO Preventive Karachi on February 19, 2021 praying to suspend/stay the order of Sindh High Court regarding release of smuggled goods owned by M/s Popular Fruit Juices.
ASO of MCC Preventive Karachi had seized a consignment of smuggled goods owned by M/s Popular Fruit Juices. Muhammad Hassan Nadeem of M/s Popular Fruit Juices, owner of the seized goods, approached SHC securing an order for the release of seized goods. However, ASO refused to release the goods for being smuggled.
M/s Popular Fruit Juices then approached SHC praying initiation of contempt proceedings against the Customs authorities.
In response, Collector Saquif Saeed advised Assistant Collector Shafiullah to approach Supreme Court of Pakistan (SCP) against the SHC order of releasing the goods as well as contempt proceedings. Additional Collector Haroon Malik provided all support and assistance to Shafiullah.
Supreme Court of Pakistan (SCP) has stayed the contempt proceedings initiated against the Pakistan Customs officers by Sindh High Court (SHC) providing the Customs authorities space to continue undertaking anti-smuggling activities and conduct investigations.
The apex court has also stayed release of goods because without the case property, the criminal proceedings would merely be a formality.
ASO of MCC Preventive Karachi submitted the Sindh high Court (SHC) erred in law to ignore that Customs Act is a special law having prime object to check the smuggling and it also source of revenue for the government.
Moreover, Customs Act is a special law, if the provision of special law are in conflict with the general law e.g CrPC then the provision of special law shall prevail, hence the order passed by SHC is not in accordance with the law and liable to be set aside.
Moreover, SHC did not consider the merit of the case even comments filed by the department and case was decided merely on presumption. SHC not even touched the submission of the petitioners and passed the decision based upon old decision, which was not applicable.
ASO submitted SHC did not considered d that raid was contacted on reliable Information that foreign origin smuggled milk powder was concealed within the jurisdiction of Anti-smuggling Preventive and raid was conducted, but the SHC granted interim bail to accused without any notice to the raiding official and called the Collector to explain that legal procedure was not adopted for conducting the raid.
ASO submitted the SHC relied on the judgment passed earlier on the abolished law and not applicable statute.
ASO of MCC Preventive submitted the SHC ignored the statutory hierarchy provided under special statute and granted bail to the accused ignoring the statutory provisions of special statute in violation of special law.
Assistant Collector ASO Shafiullah has adopted a law full course, and the goods liable to confiscation are to be taken under custody by the anti-smuggling squad of the Preventive office without any unnecessary delay.
Assistant Collector Shafiullah submitted SHC ignored that in view of Customs Act, the search and removal of the impugned goods have been made within four corner of Customs statute and observations made by SHC in general and whole judgment is irrelevant under the four corner of law and liable to be set aside.