IN THE HIGH COURT OF SINDH AT KARACHI

Cr.Misc.Appln.No.295 of 2013

Muhammad Babar Khan..………………………...…………………..Applicant

Versus

The State……………………………….…………..……………….Respondent

Date of Hearing : 07.11.2017

Mr. Muhammad Rafi Kamboh, advocate for the applicant

Mr. Taseer Khan, Special Prosecutor (Custom)

O R D E R

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FAHIM AHMED SIDDIQUI, J: Through instant Criminal Misc. Application, the applicant has assailed the order dated 21.10.2013 passed by learned Special Judge (Customs & Taxation) Karachi in Case No.91 of 2013, whereby application under Section 265-K CrPC filed by accused/applicant was dismissed.

2. Succinctly, the facts of the case are that the Federal Tax Ombudsman ordered to dispose of 36000 claims of Duty Drawback pertaining to PaCCs legacy by 28.02.2013. During reconciliation process, the data was obtained from State Bank of Pakistan which transpired that M/s. Multinational Export Bureau already got encashed cheques amounting to Rs.1,489,519/- pertaining to 58 claims but it again filed its claims through complaints against the department in FTO office as erstwhile system of Micro Clear Agility (PaCCs) was switched off therefore, no online date would be available to verify the veracity of duplicity of such claims. Resultantly, the matter was discussed in the meeting of Chief Collector with FTO and legal action against the exporter/ trader was initiated and accordingly the FIR was lodged against the applicant.