ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-6451 of 2019

Alongwith

C.Ps. Nos.D-6802, 6978 to 6982, 7078 to 7080,

7175 and 7428 of 2019

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For order on office objection.

2. For hearing of CMA No.30763/2019.

3. For hearing of CMA No.30865/2019.

4. For hearing of CMA No.29918/2019.

5. For hearing of CMA No.29919/2019.

6. For hearing of CMA No.28636/2019.

7. For hearing of main case.

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7^th February 2020

M/s. Zain A. Jatoi, Ahmed Ali Hussain and Rana Sakhavat Ali, Advocates for Petitioners alongwith Mr. Kelash Advocate.

Mr. Khalid Mehmood Rajpar, Advocate for Respondents No.1 to 3.

Syed Mehmood Alam Rizvi, Advocate for Respondent No.4 alongwith Mr. Zakir Leghari, Advocate.

Mr. Javed Hussain, Advocate holds brief for Ms. Masooda Siraj, Advocate for Respondent.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

Collector of Customs (Adjudication-II) Muhammad Iqbal Bhawana and Principal Appraiser MCC Export (Port Qasim) Javed Khalid from Customs Departments are present in Court.

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After hearing all the learned counsel for the parties at some length and in view of the fact that in some of the cases Orders-in-Original have been passed by the Collector of Customs (Adjudication-II) Karachi pursuant to four show-cause notices issued by the Customs Authorities to the petitioner in C.P. No.D-6451/2019, by consent, instant petitions are disposed of in the following terms: -

1. That any aggrieved party by the Orders-in-Original Nos.415 to 418 of 2019-2020, all dated 03.02.2020, may seek appropriate remedy against such Orders-in-Original by approaching the relevant statutory forum in accordance with law, whereas, the respondents shall allow provisional release of the consignments of the petitioner in C.P. No.D-6451/2019, subject matter of four show-cause notices, on which Orders-in-Original Nos.415 to 418 of 2019-2020, all dated 03.02.2020, have been passed, however, subject to petitioners’ securing the disputed amount of duty and taxes, redemption fine and penalty, before the concerned Collectorate in the shape of pay-order / bank guarantee, whereas, such pay-order / bank guarantee shall not be encashed by respondents till final decision by the Customs Appellate Tribunal in the appeals, if filed by any aggrieved party in this regard.

2. In all the remaining petitions, the orders of adjudication shall be passed by the adjudicating authority pursuant to show-cause notices already issued or as may be issued by respondents, at an early date, preferably, within a period of four weeks from the date of this order, however, after providing an opportunity of being heard to all concerned in accordance with law.

3. However, any party aggrieved by such order(s) will be at liberty to seek appropriate remedy by approaching the statutory forum in accordance with law. Whereas, the interim relief regarding provisional release of the consignment(s) granted to the petitioner in C.P. No.D-6451/2019 in above terms, shall also be applicable in the similar terms in such cases.

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.

Petitions stand disposed of in above terms alongwith listed application(s).

J U D G E