Law: Imports and Exports (Control) Act, 1950

Section: 5B

Law: Export (Quality Control) Order, 1973

Section: 4(a)

Imports and Exports (Control) Act (XXXIX of 1950)--- ----S. 5-B---Export (Quality Control) Order, 1973, S. 4(a)---Complaint of Foreign Buyer, lodged by attorney--- Maintainability---Complainant/Foreign Buyer lodged complaint against ex parte, pertaining to delivery of agreed consignment, which was never shipped to the complainant---Complainant had failed to make out a case on facts and grounds and beyond reasonable doubt---Even otherwise his case failed as the importer/original buyer had not lodged the complaint, but his agent; with whom the exporter had no privity of contract---Criminal complaint/FIR could not be lodged by attorney of complainant, but should be filed by the complainant himself---Complaint was lodged by his agent, was illegal and not sustainable in the eye of law---Application under S. 5-B of Imports and Exports (Control) Act, 1950, by the exporter firm stood allowed---Complaint stood dismissed, in circumstances---Accused being on bail, his bail bonds were cancelled and surety was ordered to be discharged by the Tribunal. 2017 YLR 434 and 2014 SCMR 513 ref. THIS ORDER PASSED BY: SHAKIL AHMED ABBASI, CHAIRMAN.--- By this order I will dispose the aforesaid application which is filed by the Defense Counsel Mr. Mohsin Abbasi Advocate on behalf of the accused. The substance and crux of the said application is based on the following background: Summary of the Complaint:---The circumstances giving rise to this application are that a complainant namely Mehtab Gul of M/s. Nish Techi (hereinafter refer as Foreign Buyer) propel his complaint on 31st October, 2013, in form of an E-mail to the Consulate General of The Islamic Republic of Pakistan at Hong Kong against M/s. Apex Commodities Karachi (hereinafter accused firm) pertaining to the delivery of the agreed consignment of I Phones 5S, which was never shippedto the foreign buyer, accordingly inflicting a jolt of loss to him US$ 13,650/- (Thirteen Thousand Six Hundred and Fifty US Dollars Only). Consequently on 11th November, 2013, the complaint of the foreign buyer via Mr. Ali Awan, Trade Development Officer, Consulate General of Pakistan, Hong Kong was frontward to Mr. Khurram Ikram, Assistant…

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