SHC disposes of petitions with orders of expeditious disposal, custody Falcons case

KARACHI: Two identical petitions filed by claimant owners of 72 Falcons worth millions of rupees seized by Pakistan Customs were disposed of by a customs appellate bench of High Court of Sindh with the consent of the parties.

The bench earlier heard  Muhammad Nadeem Qureshi, advocate for the petitioner in CP No.D-5940 of 2020 and Atique-Ur-Rehman Khan, advocate for the petitioner in CP No.D-5887 of 2020 besides Khalid Rajpar, advocate for the respondents  customs officials including Haroon Waqar Malik, Additional Collector of Customs, Muhammad Asim Awan, Deputy Collector of Customs, Malik Safdar Ali, Senior Preventive Officer and Javed Ahmed Mahar, Conservator, Sindh Wildlife Department who appeared on court notice.

The bench passed the following order text of which is quoted below:

“We have heard all learned Counsel as well as learned Additional Advocate General. By consent, both these petitions are disposed of in the following terms: 1. The petitioners, if aggrieved by the orders dated 21.10.2020 and 14.11.2020, passed by the Special Judge (Customs and Taxation) may seek appropriate remedy, by impugning such orders before the competent court, which shall be dealt with in accordance with law. 2. The petitioners, if so want, can also approach the trial Court1 constituted under the Sindh Wildlife Protection, Preservation. Conservation and Management Act, 2020, where, presently Crime No.01/2021 dated 25.01.2021 is pending, for any remedy as may be available in law, including the interim 1 District and session court as per section (lviii) presently assigned to Xth Additional District & Sessions Judge, Karachi-South 2 release of the birds in question, which shall be dealt with as per law. 3. During such period and till such time the competent court seized with the above crime decides it, the custody of the birds shall be kept safe by the Customs authorities as directed vide our orders dated 25.11.2020 and 8.12.2020 and, if needed, may seek assistance from the Wildlife Department of Government of Sindh as well as from the petitioners. 4. It is expected that due to the nature of case and life of the birds, the Court seized with the matter, will make all possible efforts to decided it expeditiously and on priority. With these observations, both the petitions, along with pending applications, are disposed of. Let copy of this order be issued to the office of learned Advocate General and the Court as above”.

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