KARACHI: Amir Hussain, owner/ operator of M/s Haji Muhammad Rahim & Sons Petroleum Services has approached the Sindh High Court (SHC) and filed a constitutional petition against lodging first information report under the garb of alleged violation and charges of smuggling of POL products under section 2 (s) of the customs act, 1969 and the petroleum act, 1934 OGR Ordinance, 2001.
On 8 June 2021, counsel for the petitioner stated that despite the fact that the petitioner is engaged in the lawful business of fuel/ HSD retail outlet in accordance with law since almost 10 years and no discrepancy was ever reported in this regard, the officials of customs department along with local police visited at the petitioner’s petrol pump on Jan 22, 2021 and requisition documents such as OMC/ dealership authorization & Form-K without having any lawful authority in this regard.
He further submitted that customs officials detained 4817 liters diesel and 9216 liters petrol under detention memo dated Jan 22, 2021 without providing ample opportunity to the petitioner, therefore, first information report (FIR) was lodged prior to seven days’ notice period and without any lawful jurisdiction/ authority, inter alia, on the alleged charges of smuggling of POL products under section 2 (s) of the customs act, 1969 and the petroleum act, 1934 OGR Ordinance, 2001.
Counsel added that petitioner immediately filed a pre-arrest bail application which was granted by trial court.
Citing Collectorate of Customs Adjudication, Collectorate of Customs Additional Collector MCC and others as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary and quash the first information report and impugned order may be suspended till final decision of this present appeal and restrain them from taking any adverse action against the petitioner.