ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-236 of 2021 alongwith

C.P. No.D-237 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

Hearing of Case:

1. For hearing of CMA No.921/2021.

2. For hearing of main case.

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1^st April 2021

Mr. Darvesh K. Mandhan, Advocate for Petitioner alongwith Petitioner No.2 Saad Ahmed Qureshi.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

Dr. Shahab Imam, Advocate for Respondent No.1 to 4 alongwith Ms. Naeema, Advocate.

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Learned counsel for the petitioner, at the very outset, submits that both these petitions can be disposed of in terms of the earlier orders already passed by this Court on 10.11.2020 in C.P. No.D-4708 of 2020 (alongwith other matters) in the case of Navaid Yamin vs. Federation of Pakistan and others and has placed copy of such order on record, as according to learned counsel, the petitioner has already joined adjudication proceedings and will face the trial in accordance with law.

Accordingly, by consent, instant petition stands disposed of in terms of order dated 10.11.2020 passed by this Court in the aforesaid petitions in the following manner: -

“After arguing the matter at some length, learned counsel for the parties submit that since FIRs have been registered and challans have been furnished before trial Court in some of the cases, whereas, in the remaining cases, the same will be furnished shortly, therefore, request that instant petitions may be disposed of in terms of para-4 of order dated 07.02.2020, passed by Division Bench of this Court in C.P.No.D-7428/2019 (Hassan Steel & others vs. Federation of Pakistan and others). Para-4 of the aforesaid order is reproduced as under: -

“4. Since the FIRs have already been registered, whereas, the same have been challenged in all these petitions except in C.P. No.D-6451/2019 for being without jurisdiction, besides being malafide as per petitioners, therefore, the petitioners, who directly approached this Court without surrendering before the trial Court, are directed to join the investigation, cooperate with the prosecution, and to surrender themselves before the trial Court and shall furnish surety in the sum of Rs.100,000/- (Rupees one hundred thousand only) each before the trial Court within seven days from the date of this order, whereafter, they shall be regulated by the trial Court in accordance with law, however, no harassment shall be caused to the petitioners by the Customs Authorities. Petitioners will be at liberty to file appropriate proceedings / application(s) before the learned trial Court for seeking appropriate relief in respect of the criminal proceedings, including quashment of FIR(s) under section 265-K, Cr.P.C. in accordance with law.”

Accordingly, by consent, the aforesaid petitions stand disposed of in terms of para-4 of the aforesaid order. The petitioners are directed to join the investigation and attend the trial Court regularly, whereas, respondents are directed to conclude the trial and adjudication proceedings, if any, at an early date after providing them an opportunity of being heard.

Learned counsel for the petitioners have prayed that since sureties have already been furnished before the Nazir of this Court, whereas, directions have been issued to the petitioners to surrender before the trial Court and to furnish fresh sureties, therefore, request that when the petitioners will furnish sureties before the trial Court, the Nazir of this Court may be directed to release sureties furnished by the petitioners before this Court at an early date. Order accordingly.”

At this juncture, learned counsel for the petitioner has made a request that respondents may be directed not to block the consignment of the petitioner in violation of law. Learned counsel for the respondents submits that no adverse action will be taken against the petitioner except in accordance with law.

J U D G E

*Farhan/PS*