ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5772 of 2022

_____________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.24621/2022 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.24622/2022 (Exemption).

4. For order on CMA No.24623/2022 (Stay).

5. For hearing of main case.

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Dated; 29^th September 2022

Mr. Shahab Sarki, Advocate for Petitioner alongwith Petitioner.

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1. Urgency granted.

2. Learned counsel for the petitioner undertakes to comply with office objection(s) before the next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Through instant Constitutional Petition, the petitioner has sought protection against alleged highhandedness on the part of the Customs Authorities, who according to learned counsel for petitioner, are bent upon to arrest the petitioner by involving him in false and frivolous FIR, whereas, according to learned counsel for petitioner, the petitioner, who was nominated in FIR No.ASO 105-/2022-VEH-HQ, dated 30.08.2022, has sought protection from this Court by filing Constitutional Petition No.D-5267/2022 facing trial and also cooperating with the prosecution in investigation, however, the respondents/Customs Authorities have registered another FIR No.ASO-106-/2022-Veh (HQ), dated 22.09.2022, wherein, no one has been nominated, however, petitioner has been informed that when he will appear before the Investigating Officer in earlier FIR, he will be arrested in subsequent FIR. Per learned counsel, the Customs Authorities have become personal against the petitioner and attempting to involve him in false and frivolous FIR with ulterior motives. It has been prayed by the learned counsel that petitioner may be provided protection against such illegal act on the part of the Customs Authorities.

From perusal of contents of FIR No.ASO-106-/2022-Veh (HQ), dated 22.09.2022, it appears that the petitioner has not been nominated, nor any role has been assigned to him regarding alleged offence, whereas, it has been further observed that no one has been nominated in such FIR, which appears to be a blind FIR and, therefore, the apprehension of the petitioner that the Customs Authorities can make arrest of any person, including petitioner while implicating him with the alleged offence in the FIR cannot be treated as baseless. We may observe that registration of a blind FIR by the Customs Authorities in respect of a vehicle allegedly imported without payment of duty and taxes and the same is a smuggled vehicle, however, the same is duly registered with the Registration Authority, therefore, whereabouts of its owner etc could have been ascertained for appropriate action in accordance with law. Keeping in view the peculiar facts and circumstances of the case, we would issue pre-admission notice to the respondents as well as to the D.A.G., to be served through first three modes, for 10.10.2022, when the I.O. of the above FIR shall be in attendance alongwith record of the case. In the meanwhile, if the Customs Authorities have any incriminating material against the petitioner, he may be confronted with the same, who may submit response and join investigation, however, may not be arrested till next date of hearing, subject to his furnishing surety in the sum of Rs.2,00,000/- (Rupees Two Lac only) with P.R. bond in the like amount to the satisfaction of the Nazir of this Court. It is, however, clarified that petitioner shall join the investigation and cooperate with the prosecution in the FIR in which he is nominated, whereas, the protection provided to the petitioner in the instant petition will be available if the prosecution fails to produce any incriminating material or evidence against the petitioner in the subject blind FIR, and would not affect the merits of the case.

J U D G E

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