Law: Customs Act, 1969

Section: 32,156(1)(14),156(1)(14A)

Law: Criminal Procedure Code (V of 1898)

Section: 417

Customs Act (IV of 1969)-- --Ss.32, 156(1)(14) ,  156(1)(14-A)--Criminal Procedure Code (V of 1898), S.417--Appeal against acquittal--Mis-declaration--Production of fake pre-shipment inspection certificates--Scope--Allegation against accused was that he imported 28 Old and Used Concrete Transit Mixture Trucks under false and bogus PSI (Pre-Shipment Inspection) Certificates--Entire case of the prosecution depended upon the verification of PSI Certificate issued by the Pre-Shipment Inspection Company--Prosecution witnesses had not sought any verification of the letter--Person who had issued the letter on behalf of the Pre-Shipment Inspection Company was never produced before the trial court to support his letter and to disclose about his source of information regarding fake certificates--Prosecution itself had axed the roots of their case; hence the trial court had rightly acquitted the accused-- Appeal was dismissed. JUDGMENT FAHIM AHMED S1DDIQUI, J.---The appellant Director, Directorate of Intelligence and Investigation, FBR, Karachi on behalf of the Stale has filed this appeal against the acquittal of respondent Malik Abdul Qayyum son of Abdul Hameed Kakar in the Criminal Case No. 37 of 2015 initiated upon FIR No. 149(1)DCI/D.Port/FIU-Hyd-CM/14 for offences punishable under clauses (1), (14) and (14-A) of Section 156 of the Customs Act, 1969. Through the instant appeal, the appellant has impugned the acquittal judgment dated 08-05-2018 passed in the aforementioned criminal case. 2. The factual narration of the case is that upon a credible information, the customs authorities came to know that M/s. Malik Abdul Qayyum Kakar , Co., Ghas Mandi, Hyderabad with the active connivance of their other associates are allegedly involved in the import and fraudulent clearance of Old and Used Concrete Transit Mixture Trucks based on fake Pre-Shipment Inspection Certificate purportedly issued by M/s. Bureau Veritas (Pvt.) Ltd., Karachi. In pursuance of such information, the customs officials, deputed by the appellant, conducted preliminary investigation and they allegedly deciphered 28 numbers of such trucks imported by the aforesaid company which were under…

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