ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1546 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.6972/2022 (Urgent).

2. For order on office objection No.18.

3. For order on CMA No.6973/2022 (Exemption).

4. For order on CMA No.6974/2022 (Stay).

5. For hearing of main case.

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11^th March 2022

Mr. Zulfiqar Ali Langah alongwith Mr. Ahmed Ali Hussain, Advocate for Petitioners alongwith two Petitioners.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Instant Constitution Petition has been filed against registration of FIR bearing No.M-3232/DCI/Seiz/2022, dated 20.01.2022 registered by the Directorate General, Intelligence & Investigation-Customs, Karachi and the proceedings emanating therefrom; on the ground that the petitioners have been falsely implicated in the subject FIR, whereas, such FIR has been registered and the premises have been raided in violation of Section 163 of the Customs Act, 1969 and against the ratio of judgment of the Divisional Bench of this Court in the case of M/s. Popular Juice Industries (Pvt) Limited and 6 others v. The Federation of Pakistan and 3 others passed in C.P. No.D-4151 of 2020 alongwith another case, as according to the learned counsel, the procedure provided under Section 162 of the Customs Act, 1969 before conducting any raid has not been adopted. Learned counsel for the petitioners further submit that the petitioners are neither owners nor residents of the address in which raid was conducted, nor they owned the subject articles recovered by the Customs Authorities, however, they have been roped in false criminal case. Per learned counsel, since the entire exercise is based on malafide and the very registration of the FIR is contrary to the legal provisions, therefore the petitioners have approached this Court for seeking quashment of the subject FIR and the proceedings emanating therefrom. According to the learned counsel, petitioners have obtained protective bail and willing to surrender before the trial Court and obtain appropriate order, however, respondents are bent upon to arrest the petitioners. According to learned counsel, since the constitutional point has been raised in the instant petition relating to liberty and due process, therefore, protection against their illegal arrest may be provided after notice to the respondents. Learned counsel for the petitioner submits that another petition i.e. C.P. No.D-935/2022 in respect of the subject FIR has also been filed, wherein, Notices have been issued to the respondents as well as D.A.G. vide order dated 16.02.2022, whereby, respondents have been restrained from arresting the petitioner subject to their furnishing solvent sureties in the sum of Rs.500,000/- each with P.R. bond in the like amount to the satisfaction of the Nazir of this Court. Copy of such order has been annexed as Annexure “Q” available at pages 265 to 271 of instant file.

Let pre-notice be issued to the respondents as well as D.A.G., to be served through first three modes, for 01.04.2022, when instant petition may be taken up alongwith C.P. No.D-935/2022, whereas, reply/parawise comments, if any, shall be filed with advance copy to the learned counsel for petitioners. In the meanwhile, petitioners may cooperate with the prosecution, and submit response to all queries, however, till next date of hearing, petitioners may not be arrested in the subject FIR subject to their furnishing solvent sureties in the sum of Rs.500,000/- (Rupees Five Lac only) each with P.R. bond in the like amount to the satisfaction of the Nazir of this Court.

J U D G E