KARACHI: The filing of a false Goods Declaration by Petitioner side through a lawyer landed both the counsel/advocate and Petitioner Muhammad Asghar in trouble as Custom Appellate bench took notice of submission of false documents to obtain favorable provisional order. Sardar Zafar Hussain advocate, counsel for the Respondent customs department pointed out the falsification.

The bench comprised Justice Muhammad Junaid Ghaffar and Justice Adnan-ul-Karim Memon. The bench at the out-set of hearing confronted Aqeel Awan Advocate with a final assessment print out showing that assessment was based on Valuation Ruling  issued under section 25-A of Customs Act 1969 whereas the GD submitted by the Petitioner showed assessment on the basis of London Metal Exchange.

The counsel admitted that document placed at Page 55 of the petitioner is “false and untrue”. The bench noted that counsel was in knowledge of assessment of goods on Valuation Ruling.

At this stage Assistant Attorney General, Kashif Nazeer also informed the bench that an appeal is pending before the Commissioner Appeal with the prayer that  assessment made on the basis of Valuation Ruling may be declared illegal and unlawful.

The bench in it order said that counsel for the petitioner was unable to  controvert facts to his conduct and knowledge of GDs relied upon. This is a fit case for suspension of license under section 54 (1) of the Legal Practitioners Act and  to refer to concerned Bar Council for disciplinary action the bench said adding that it is observing restraint and only a show cause notice is issued to the learned counsel for his misconduct and misleading the court to obtain interim order.

The bench then declined the prayer. The bench also directed the Petitioner to  explain his position as to why proceedings may not be initiated against him for concealment, furnishing false information and false documents which amounts to contempt (of Court). The petitioner was asked to attend the court on next date of hearing fixed to be on 15.2.2024.