KARACHI: The Customs Court awarded imprisonment for five years to a suspect, fine Rs400,000 to 5 suspects and acquitted suspect Muhammad Akhtar, who have submitted fake and fabricated E-Form due to which an amount of Rs37,67,75,114 was not remitted in the country despite the goods have been exported and resultantly evaded payment of withholding tax etc.
On August 24, 2019, customs court announced judgment and observed that “since fiscal fraud as provided under section 32-A of the Customs Act, 1969 has been proved against all the accused except accused Akhtar which is punishable under section 156(1) (14A) of the act, 1969. It provides upon conviction imprisonment up to ten years but not less than five years or to fine to both. accuse Asmatullah has been proved without any shadow of doubt as owner of subject nine consignments is convicted and sentenced for a period of five years, benefit of section 382-B Cr.P.C is extended to him.
He also sentenced to pay fine of Rs500,000, in case of default in payment of fine he is to suffer one year simple imprisonment. All the other accused namely Muhammad Asif Hussain, Muhammad Qasim Qazi, Asim Khan, Muhammad Nadeem Suleman Khel and Sheikh Adnan Ghani being abettors, facilitated and connived in the subject offence are convicted and sentenced to pay fine of Rs4,00,000 each, in case of non-payment of fine they shall suffer simple imprisonment for one year. However, accused Akhtar is acquitted from the charge”.
According to the prosecution, M/s First Way Link Traders, Karachi filed an export goods declaration for export of rice weighing 680 ton against E-Form through clearing agent M/s Kazi Corporation and after examination of the consignment the shipment was allowed, thereafter above mentioned Form-E was referred to M/s Muslim Commercial Bank, for verification, according to reply of the bank the said Form-E not issued by their branch and bank stamps and signatures thereon do not match with specimen signature/ stamps available with the bank.
As per first information report, above mentioned suspects have submitted fake and fabricated E-Form due to which an amount of Rs37,67,75,114 was not remitted in the country despite the goods have been exported and resultantly evaded payment of withholding tax and EDS.