ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-4895 of 2020

___________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.20829/2019 (Urgent).

2. For order on office objections Nos.12 & 18.

3. For order on CMA No.20830/2019 (Exemption).

4. For order on CMA No.20831/2019 (Stay).

5. For hearing of main case.

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9^th October 2020

Mr. Aqeel Ahmed Khan, Advocate for Petitioners alongwith Petitioner No.2.

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1. Urgency granted.

2. Learned counsel for petitioner undertakes to comply with office objections before next date of hearing.

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

4&5. Learned counsel for the petitioner submits that petitioners have imported iron steel re-meltable scrap from Korea after having complied with codal formalities and filed goods declaration, however, Customs Authorities have disputed that GD, and without sending samples to some independent laboratory for the testing purpose, and without confronting the petitioners with any adverse material, have lodged an FIR No.SI/MISC/16/2020/PQ-CIU on 11.09.2020, wherein, it has been alleged that imported consignment is not of iron steel re-meltable scrap, on the contrary, it is stainless steel. It has been further contended by the learned counsel for petitioners that provisions of law as invoked in the FIR are not attracted in the instant case, whereas, in the absence of any adjudication proceedings and determination of tax liability, an FIR cannot be registered. Per learned counsel, petitioner No.2 is ready to attend the prosecution and adjudication proceedings, as may be initiated in the instant case, however, it has been prayed that protection may be provided to the petitioners against harassment and his arrest by the respondents in above FIR. In support of his contentions, learned counsel has placed reliance on the case of Zaheer Ahmed v. Directorate General of Intelligence and 4 others (2016 PTD 365).

Let pre-admission notice be issued to the respondents as well as D.A.G. for 22.10.2020, to be served through first three modes, when comments, if any, shall be filed with advance copy to learned counsel for petitioners. In the meanwhile, respondents may proceed in accordance with law after providing an opportunity of being heard to the petitioners by issuing proper show-cause notice, which shall be responded by the petitioners. However, till next date of hearing, petitioners may not be arrested subject to furnishing solvent surety in the sum of Rs.100,000/- (Rupees One-Hundred Thousand only) with P.R. bond in the like amount to the satisfaction of the Nazir of this Court.

J U D G E