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M/s Modern Terminal Operator moves SHC against lodging of FIR

M/s Modern Terminal Operator moves SHC against lodging of FIR

KARACHI: M/s Modern Terminal Operator approached the Sindh High Court (SHC) for quashment of first information report (FIR) registered by collector of customs Port Muhammad Bin Qasim for illegal clearance of PVC scrap.

On June 25, 2019, counsel for the petitioner stated in his constitutional petition that collector of customs PMBQ registered a first information report against M/s Elysium Corporation and M/s Zamzam Plastic Industries for illegal clearance of PVC scrap which was not importable by the said importers in connivance with others thus causing loss of additional sales tax and income tax.

He further argued that according to narration in FIR nothing has been alleged against the petitioner firm nor any of its employee has been named, as the petitioner or its employees have nothing to do with de-stuffing or re-stuffing of containers because containers are not grounded by the petitioner without the permission and presence of the customs officer and in this case one Raheel was present and ordered the grounding and de-stuffing and his presence cannot be denied.

He submitted that the permission granted by the Collectorate for grounding was taken away by the clearing agent for some endorsement and such permission was never surrendered.

Counsel said that despite the facts, officials of the customs department are continuously harassing the petitioner and its employees.

Citing chairman Federal Board of Revenue, Collector of Customs PMBQ, M/s Elysium Corporation, M/s Zamzam Plastic Industries as respondents, petitioner pleaded the court to declare that act of the respondents as illegal, mala fide and arbitrary.

He further pleaded the court to suspend the operation of the so called FIR and order that the petitioner’s management or any of its employee shall not be arrested or no coercive action shall be taken against any one till the final decision of this petition.