Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Leave to appeal---Charge against petitioner was that he being employee of P.IA. in collusion with employee of Cargo Export Shed, unlawfully changed some Customs cleared cartons with fresh cartons of equal number which contained narcotics---Petitioner was found guilty in departmental inquiry and was dismissed from service---Petitioner's departmental appeal as also his appeal before Service Tribunal were dismissed---Charge against petitioner was proved by evidence on record--­Petitioner's plea that he having found Customs cleared cartons being replaced by cartons containing narcotics had informed security supervisor was not proved, but was a proof of his collusion with other accused and rather proved his guilt by taking part in replacement of said cartons and also not reporting matter to Authorities concerned---Petitioner's case being not fit one for further consideration, leave to appeal was refused. ORDER S. USMAN ALI SHAH, J.---The petitioner seeks' leave to appeal against the judgment of the Federal Service Tribunal dated 26-5-1990; whereby, his appeal before the Tribunal against his dismissal from service was dismissed. Javaid Akhtar petitioner is a traffic officer in the P.I.A. who was charged in an F.I.R. No.12/85 dated 10-5-1985 for an offence under section 156(1)157-178 of Customs Act, 1968. Departmental inquiry proceeded against him and a show-cause notice was issued to him to the effect that he on 7th February, 1985 with mala fide intention paid a visit to Cargo Export Shed of Lahore Airport and with the collusion of Mr. Riaz Akhtar, Ghulam Sarwar, Muhammad Iqbal and Muhammad Suleman Cargo Loaders, unlawfully changed 12 customs cleared cartons with fresh cartons of equal number brought by one Tariq Saeed which contained 350 kgs. of Narcotics (CANABIS RESIN). A Departmental Inquiry Committee was constituted to conduct an inquiry into the allegations against the petitioner which found him guilty and on its recommendation the petitioner was dismissed…

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