KARACHI: Justice Adnan Iqbal of High Court of Sindh dismissed a Special Criminal Revision Application filed by Muhammad Idrees and six other partners of a Ware House and Importing firm who allegedly in collusion with each other removed goods from bonded ware house namely “General Services” without payment of duty and taxes.
Muhammad Idrees and six co-accused filed the revision application through their counsel Khawaja Shamsul-Islam advocate. The counsel pleaded that the applicant/accused Muhammad Idrees and Muhammad Ibrahim were nominated in the FIR 06/2019, R&D , Appraisement (East), Pakistan Customs.
The applicants/accused challenged the FIR by filing two separate constitution petitions which were disposed of by the SHC directing the Investigating Officer to submit the final challan while applicants/ accused were directed to cooperate. The accused were also set at liberty to file for quashing of the F.I.R before the trial court i.e customs court.
The IO acting as per directions filed the final challan in which all the partners of the Ware House and importing firm “Steel Co” were implicated.
The counsel for applicant/accused argued that some of the accused were not involved in the day to day affairs of the company. He further argued that one the accused lives abroad. He also argued that trial court mechanically accepted the final challan without applying its mind that whether alleged offence was conginzable or not.
Khalid Rajpar advocate representing the customs, R&D, Appraisement (East) rebutting the arguments advanced by the counsel for applicants, submitted that trial court has rightly taken the cognizance of a triable offence and hence not erred in accepting the final challan.
The SHC bench agreed to the contentions by the counsel for respondent R&D, Appraisement, East and dismissed the revision application.