ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-4913 of 2020

___________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.20945/2019 (Urgent).

2. For order on office objection No.18.

3. For order on CMA No.20946/2019 (Exemption).

4. For order on CMA No.20947/2019 (Stay).

5. For hearing of main case.

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9^th October 2020

Mr. Ghulam Hyder Shaikh, Advocate for Petitioner alongwith Petitioner.

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1. Urgency granted.

2. Learned counsel for the petitioner undertakes to comply with office objection before next date of hearing.

3. Exemption granted, but subject to all just exceptions.

4&5. Learned counsel for the petitioner submits that petitioners have imported a lot of used computers and its accessories in accordance with law, which was duly assessed after its examination, however, the officers of intelligence has intercepted such consignment within Port area and lodged an FIR No.PQ-288/DCI/ARComputers/2020, dated 06.10.2020, wherein, it has been alleged that petitioners have mis-declared the quantity of the consignment. Per learned counsel, respondents have no jurisdiction to intercept the subject consignment within Port area. It has been further contended by the learned counsel for petitioners that respondents have neither issued any show-cause notice to the petitioners nor process of adjudication has been initiated against them. Per learned counsel, petitioners has no history of mis-declaration and he has dragged in a false criminal case by the Customs Authorities, therefore, prays that protection may be provided to the petitioner for joining the investigation and adjudication proceedings, as the case may be in accordance with law. In support of his contentions, learned counsel has placed reliance on the case of Saadat Khan v. Federation of Pakistan and others (2014 PTD 1615).

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 22.10.2020, when comments, if any, shall be filed with advance copy to learned counsel for petitioner. In the meanwhile, respondents may proceed in accordance with law after providing an opportunity of being heard to the petitioner by issuing proper show-cause notice, which shall be responded by the petitioner. However, till next date of hearing, petitioner may not be arrested subject to his furnishing solvent surety in the sum of Rs.100,000/- (Rupees One-Hundred Thousand only) with P.R. bond in the like amount to the satisfaction of the Nazir of this Court.

J U D G E