KARACHI: A divisional bench of High Court of Sindh (SHC) comprising Chief Justice Sajjad Ali Shah and Justice Zulfiqar Ahmed Khan on Friday dismissed a constitution petition filed by an importer alleging harassment by custom officials.
When the petition came up for hearing, the counsel for petitioner Muhammad Ali Chandna, accused in three FIRs 1,4 and 9 of 2015 prayed to the court to adjourned hearing for time being keeping the petition alive.
The Order in Original (ONO) in third FIR is still awaited and until then hearing may please be adjourned, he prayed.
Kashif Nazeer advocate representing Pakistan Customs opposed the prayer and said petition has already served its purpose as petitioner has obtained bail from Special Custom bench of SHC. He informed the court that petitioner has suppressed material facts from the SHC. The petitioner was admitted to protective bail from HC against a solvent surety of rupees 100,000 and was directed to approach the trial court. The trial court admitted him to interim bail against a surety of rupees 200,000 but later; he jumped the bail and absconded.
The bench enquired from the petitioner that why he is not availing the remedy available to him before the trial court.i.e Special Customs Court.
The counsel pressed for the constitutional jurisdiction submitting that if the ONO in this FIR comes in his favor, then he can take the advantage of the instant petition seeking quashing of FIR.
The bench observed that could seek the remedy from trial court under section 249 and 265 –K of the Cr-P.C.
The bench then dismissed the petition leaving it open to the petitioner to seek legal alternate remedy available to him.
According to Customs, petitioner is a commercial importer who claims to have been importing chemicals and assorted preservatives but in fact was importing pharmaceutical raw material which is restricted under the import policy. A commercial importer can import pharmaceutical raw material only after seeking NOC from the Ministry of Health, maintains customs.
According to FIRs against petitioner, he imported different consignments which were declared to be preservatives but in fact these were Ibuprofen, Sulfamethoxazole, Cefixime Trihydrate, Paracetamol and Aspirin. The custom authorities assessed the taxes etc involved to the tune of rupees 27.20 million in FIR 01 and rupees 122. 23 m in FIR 04 0f 2015.