ORDER SHEET
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Date Order
with signature of Judge
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DATE OF HEARING 13.10.2015
Mr. Arshad Rauf Advocate for the Applicant.
Mr. Ashiq Ali Anwer Rana Spl. Prosecutor Customs.
Mr. Ashfaq Rafiq Janjua Standing Counsel.
Syed Hasan Azhar Rizvi J; By this
order I intend to dispose of instant Special Criminal Bail Application filed by
the Applicant Muhammad Shahid Parikh son of Muhammad Siddique.
Brief facts of the case are that M/s
Mas International imported a consignment of used/second-hand clothing. However,
on suspicion said imported goods were physically examined and it was found that
the goods consisting of Baby Frocks, Polyester Vest, Services, Shirts, Trousers
etc of Indian origin packed in plastic bales of assorted types. This deliberate
attempt of mis-declaration of description and classification of the impugned
goods clearly demonstrate willful maneuvering on the part of importer and their
associates to deprive the national exchequer of its legitimate revenue.
Learned Counsel for the Applicant
contends that the Applicant is innocent and has no connection with the instant
crime. Learned Counsel further contends that the Applicant is neither signatory
of documents at any stage nor beneficiary in any
financial way not his presence has been proved by the prosecution at any stage
directly or indirectly. He urged that applicant was not implicated in the FIR
and he was later on arrested/apprehended by the
customs authorities merely on the statement of one Muhammad Fareed which is not
admissible in the law. He urged that Applicant is entitled for grant of bail as
the case alleged against the applicant requires further prob.
Learned Special Prosecutor for Customs
vehemently opposed the grant of bail to the Applicant and submitted that the applicant
is involved in a case where heavy government exchequer is involved and specific
role has been assigned to the Applicant of evading Rs.5.62 million in shape of
duty and taxes.
Learned Standing Counsel adopted the
arguments advanced by the learned Counsel for the Customs Department and
submitted that the Applicant is not entitled for grant of bail at this stage.
I have heard
Mr. Arshad Rauf Advocate for the Applicant, Mr. Ashiq Ali Anwer Rana Special
Prosecutor Customs, Mr. Ashfaq Rafiq Janjua Standing Counsel and perused the
material available on record with their assistance.
On tentative assessment of the material available on
record, it reveals that specific allegation is made against the applicant of
booking the said container bearing No.TRLU-5236378 in the name of M/s. Mas
International and of attempting to facilitate the clearance while filing the GD
in the system and managing the clearance from the Port. A perusal of challan
shows that present Applicant attempted to import dutiable goods of Indian
origin under the guise of second-hand clothing. This attempt of mis-declaration
of description, classification, quantity and origin of the impugned goods is on
the part of the present Applicant to deprive the national exchequer of its
legitimate revenue to the tune of Rs.5.62 million. The Applicant himself
admitted in para-5 at page-9 (typed page-5) of Memo of Bail Application that a
notice under Section 171 of the Customs Act of 1969 was served upon him to
appear before the concern authorities and the applicant appeared before the
authorities, which reflects that he was not condemn unheard. A perusal of
record it shows that thorough investigation was conducted by Investigating
Officer and sufficient material has been brought on record which prima facie
connects the present Applicant in the instant crime and no irregularity or
illegality has been alleged in the investigation therefore, I do not find any
merit in the present Bail Application.
Above are the reasons of my short order dated 13.10.2015 whereby present
Bail Application was dismissed.
The observations made in the order are of tentative
nature and the Trial Court shall not be influenced by any of such observations.
Karachi.
Dated:
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