ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-68 of 2013

_____________________________________________________________

Order with signature of Judge

For katcha peshi.

25.09.2013

None present for the petitioners

Mr.Khadim Hussain, D.P.G.

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On 17.9.2013 when the matter was taken up with connected C.P.No.D-69/2013, the petitioners’ counsel was called absent and the matter was adjourned for today. Today when the matter was called in the first round nobody was present so we kept it aside and in the second round also the position is same, which shows that the petitioners have lost interest in the matter. Consequently, the petition is dismissed for non-prosecution.

JUDGE

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-3340 of 2012

_________________________________________________________________________

Order with signature of Judge

1.For katcha peshi.

2.For hearing on CMA No33402/2012

25.09.2013

None present for the petitioners

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The matter was called in the first round but neither the counsel for the petitioners was present nor the petitioners, we kept it aside for the second round. In the second round also the position is same. The conduct of the petitioners show that they have lost interest in the matter. The petition is dismissed for non-prosecution.

JUDGE

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Crl.Appeal No.217 of 2009

_________________________________________________________________________

Order with signature of Judge

For regular hearing.

25.09.2013

Mr.A.Q. Halepota, Advocate for the appellant.

Mr.Khadim Hussain, D.P.G.

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Mr.Khadim Hussain, D.P.G. requests for adjournment as he is not prepared. At his request adjourned to 23.10.2013.

JUDGE

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Spl.Crl.ATA No.33 of 2012

_________________________________________________________________________

Order with signature of Judge

1.For regular hearing.

2.For hearing of MA No.8675/2012

25.09.2013

Mr.Khadim Hussain, D.P.G.

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None present for the appellant. On the last also the position was same. Adjourned to a date in office.

JUDGE

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Crl.Jail Appeal No.480 of 2011

_________________________________________________________________________

Order with signature of Judge

For regular hearing.

25.09.2013

None present for the appellant.

Mr.Khadim Hussain, D.P.G.

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None present for the appellant. Record shows that Mr.Muhammad Faisal Sial, Advocate has filed Vakalatnama for the appellant but he is called absent. Let this matter be fixed in court after intimation to the counsel for the appellant to ensure his presence on the next date.

JUDGE

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3800 of 20013

_____________________________________________________________

Order with signature of Judge

1.For orders on Misc.No.25187/13

2.For orders on Misc.No.25188/13

3.For katcha peshi.

4.For orders on Misc.No.25189/13

24.09.2013

Ms.Dil Khurram Shaheen, Advocate for the petitioner.

Applicant Jamaluddin present in person.

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1. Urgency granted.

2. Granted subject to all just exceptions.

3&4. Through this constitutional petition the petitioner has prayed for the quashment of references filed by the respondent No.2 against the petitioner and others before the Administrative Judge, Accountability Court Sindh at Karachi. Simultaneously, the petitioner has prayed for grant of interim pre-arrest bail to the petitioner pending trial of the case. Learned counsel for the petitioner inter alia argued that the petitioner was appointed as Boarder Agent by the Afghan Importer and the Boarder Agent appointed Clearing Agents at Karachi for the purposes of preparation of documents by the Custom Authorities the consignments were allowed to be cleared and transported into private vehicles to its destination. The petitioner was also issued Cross Boarder Certificates and as a normal practice retained the original ATTI’s of the transactions undertaken as Boarder Agent. Learned counsel further argued that the respondent No.2 with some mala fide intention involved the petitioner in the transit trade scam. It is further stated that in the references a vague allegation has been leveled without any proper details, wherein, it has been alleged that the petitioner is involved in the evasion of applicable duties and taxes. It was further contended that the Investigation Officer submitted the references without the approval of Chairman which is in violation of the N.A.B. Ordinance. She further submitted that the petitioner is not a previously convict and he is ready to cooperate with the investigation of the case. The learned counsel pointed out that in various other petitions of similar nature the other leaned Divisional Benches, of this court have already enlarged the other petitioners on interim bail and for ready reference she has shown us copy of bail orders in Constitutional Petition Nos.D-2714/2013, D-2367/2013 & D-3567/2013 and she prays that keeping in view the rule of consistency the present petitioner is also entitled to be enlarged on bail.

After considering the submissions made by the learned counsel, we are of the tentative view that the role of the present petitioner requires further inquiry. Issue notice to the D.A.G. and D.P.G. NAB. Meanwhile, the petitioner is granted interim pre-arrest bail in Reference Nos.25/2013, 41/2013, 45/2013, 48/2013, 55/2013, 56/2013 and 58/2013 subject to his furnishing surety in the sum of Rs.1.5 million (Rupees One and half million only) with P.R. bond in the like amount to the satisfaction of the Nazir of this court.

To come up on 01.10.2013 for confirmation or otherwise.

JUDGE

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3806 of 20013

_________________________________________________________________________

Order with signature of Judge

1.For orders on Misc.No.25198/13

2.For orders on Misc.No.25199/13

3.For katcha peshi.

4.For orders on Misc.No.25200/13

24.09.2013

Ms.Dil Khurram Shaheen, Advocate for the petitioner.

Applicant Syed Muhammad Sarwar present in person.

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1. Urgency granted.

2. Granted subject to all just exceptions.

3&4. Through this constitutional petition the petitioner has prayed for the quashment of reference filed by the respondent No.2 against the petitioner and others before the Administrative Judge, Accountability Court Sindh at Karachi. Simultaneously, the petitioner has prayed for grant of interim pre-arrest bail to the petitioner pending trial of the case. Learned counsel for the petitioner inter alia argued that the petitioner was appointed as Boarder Agent by the Afghan Importer and the Boarder Agent appointed Clearing Agents at Karachi for the purposes of preparation of documents by the Custom Authorities the consignments were allowed to be cleared and transported into private vehicles to its destination. The petitioner was also issued Cross Boarder Certificates and as a normal practice retained the original ATTI’s of the transactions undertaken as Boarder Agent. Learned counsel further argued that the respondent No.2 with some mala fide intention involved the petitioner in the transit trade scam. It is further stated that in the reference a vague allegation has been leveled without any proper details, wherein, it has been alleged that the petitioner is involved in the evasion of applicable duties and taxes. It was further contended that the Investigation Officer submitted the reference without the approval of Chairman which is in violation of the N.A.B. Ordinance. She further submitted that the petitioner is not a previously convict and he is ready to cooperate with the investigation of the case. The learned counsel pointed out that in various other petitions of similar nature the other leaned Divisional Benches, of this court have already enlarged the other petitioners on interim bail and for ready reference she has shown us copy of bail orders in Constitutional Petition Nos.D-2714/2013, D-2367/2013 & D-3567/2013 and she prays that keeping in view the rule of consistency the present petitioner is also entitled to be enlarged on bail.

After considering the submissions made by the learned counsel, we are of the tentative view that the role of the present petitioner requires further inquiry. Issue notice to the D.A.G. and D.P.G. NAB. Meanwhile, the petitioner is granted interim pre-arrest bail in Reference No.47/2013 subject to his furnishing surety in the sum of Rs.1 million (Rupees One million only) with P.R. bond in the like amount to the satisfaction of the Nazir of this court.

To come up on 01.10.2013 for confirmation or otherwise.

JUDGE