KARACHI: Mrs Sadaf Asif, Judge, Special Customs, Excise & Taxation Court acquitted all six accused booked in FIRs by the Directorate of Intelligence & Investigations of Pakistan Customs declaring the cases as being based on conjecture and surmises.
The trial court recorded the acquittal of Muhammad Amin Mithani, Muhammad Abdullah, Muhammad Younus Dawood, Mst Rubina Begum, Muhammad Mohtashim Mirza and Faizan from FIR registered under section 156 (1) (14) and 14A of the Customs Act 1969. Zain Jatoi advocate represented the applicant/accused while department was represented by Ashique Ali Anwar Rana advocate.
The authority to examine/assess consignments in respect of Goods Declaration filed for EPZ vests with Collectorate of Export Processing Zone (EPZ) only whereas complainant (Directorate of I&I) has authority to check consignment at entry point, the trial court held adding that the I&I acted in complete violation of powers. No powers under section 32 and 32-a rests with them, they cannot re-assess the consignments, the trial court said adding that for re-assessment present of goods is a primary condition and in this case consignments have been released and consumed leaving no possibility of re-assessment.
There was no probability of conviction of the applicant/accused and proceeding with trial would be an abuse of process of law, the trial court said while acquitting all the six accused.