ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-236 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.919/2021 (Urgent).

2. For order on CMA No.920/2021 (Exemption).

3. For order on CMA No.921/2021 (Stay).

4. For hearing of main case.

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12^th January 2021

Mr. Darvesh K. Mandhan, Advocate for Petitioner.

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1. Urgency granted.

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

3&4. Learned counsel for petitioner submits that the petitioners are operating as clearing agents in the name and style of “Overseas Transit Agency (Pvt.) Ltd.” and have never committed any violation of the provisions of the Customs Act, 1969, Import Policy Order or the terms of License issued to them by the Customs Authorities. However, according to the learned counsel for petitioners, the petitioners have been involved in a false and fabricated case bearing FIR No.09/2021-R&D(East) lodged by Appraising Officer from the office of Model Customs Collectorate, Appraisement (East), Customs House, Karachi on 07.01.2021 on the allegation that the petitioners have connived with the importers, who have fraudulently availed scheme of bringing two vehicles under Baggage Rules instead of one vehicle permissible under the law. According to the learned counsel, petitioners have no concern whatsoever with the earlier import, if any, by the co-accused persons under the Baggage Rules and have acted in good faith in terms of the Import Policy Order and the Licensing Rules as clearing agent, therefore, their involvement in the aforesaid FIR is totally illegal and based on malafide. Per learned counsel, petitioners are willing to cooperate with the prosecution and to attend the trial Court, if challan is submitted, provided that petitioners may be given protection against harassment and arrest by the Customs Authorities, as it will destroy their reputation.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 28.01.2021, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, petitioners may cooperate with the prosecution and attend the trial Court regularly if challan has been submitted, however, shall not create any harassment to the petitioners, who may not be arrested till next date of hearing subject to their furnishing solvent surety in the sum of Rs.100,000/- (Rupees One Hundred Thousand only) each with P.R. bond in the like amount to the satisfaction of the Nazir of this Court.

J U D G E