ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-7766 of 2019

Alongwith C.Ps. Nos.6901, 7024, 7076, 7077,

7245, 7581, 7760, 7983 and 7984 of 2019

___________________________________________________________                                        Date                            Order with signature of Judge 

___________________________________________________________

Priority Case:

1. For hearing of CMA No.23292/2019.

2. For hearing of main case.

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19^th February 2020

Mr. Zain A. Jatoi, Advocate for Petitioners.

Mr. Muhammad Khalil Dogar, Advocate for Respondents No.1&2.

Ms. Masooda Siraj, Advocate for Respondent No.4.

Mr. Khalid Mahmood Rajpar, Advocate for Respondent No.5.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

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            Pursuant to Court’s Notice, Additional Director Farrukh Sajjad and Deputy Director Shoaib Raza have shown appearance on behalf of the respondent No.5, who have categorically stated that the petitioners are being dealt with strictly in accordance with law, whereas, proper notice be issued under section 26A of the Customs Act, 1969 and opportunity of being heard will be provided to the petitioners in respect of post audit observation in accordance with law. It has been further submitted that in case of satisfactory response, proceedings against the petitioners will be filed, however, in case of any violation of the provisions of the Customs Act, 1969 contravention report(s) will be prepared and the matter will be referred to the concerned Adjudicating Authority for proceedings further against the petitioners in accordance with law, however, respondents will not initiate any recovery proceedings against the petitioners unless the adjudication is completed by the adjudicating authority.

In view of such candid statement made by the Addl. Director of respondent No.5, learned counsel for the petitioners is satisfied and does not press instant petitions, however, submits that respondents may be further directed to inquire about the relevant documents and information only as may be permissible under the Customs Act, 1969, and in case of any default by the petitioners to issue importer-wise contravention report(s) in accordance with law.

Learned counsel for the respondents as well as learned Asst. Attorney General do not oppose such contention of learned counsel for the petitioners and disposal of the instant petitions in the above terms.

Accordingly, instant petitions stand disposed of in the above terms alongwith listed application(s).    

J U D G E

J U D G E