Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)--Ss. 156(1)(14)(82) & 185-F---Criminal Procedure Code (V of 1898), S.561-A---Quashing of proceedings---Special criminal revision application---Deputy Attorney General stated that for the same offence, the case was challaned at three 'forums; Customs Court; Banking Court; and Commercial Court and that the right forum was the Commercial Court---Validity---No government revenue was involved in the case---Applicant had not cheated the government or had caused any loss to the government---Offence allegedly committed by applicant, had caused loss to the reputation of Pakistan business community for which he was challenged at a proper forum which would dispose of the matter on merits---Case relied upon by Deputy Attorney General, was against same applicant who was challaned in Banking Court for the same offence and the High Court had quashed the proceedings pending in the Banking Court---In view of the finding given by High Court against the same applicant in respect of same incident, proceedings pending before the Customs Court, were quashed-Proceedings in Commercial Court would continue and would be disposed of on merits. Muhammad Hashim v. Presiding Officer Special Banking Court (Offence in Banks), Sindh at Karachi and 7 others 2006 PCr.LJ 1886 ref. ORDER KHAWAJA NAVEED AHMED, J.---Syed Muhammad Kazim, Advocate is present on behalf of the applicant Muhammad Hashim, who has been challaned in case F.I.R. No. 17 of 2002 under sections 156(1)(14)(82) Customs Act, 1969, P.S. F.I.A. C.C.C., Karachi. Brief facts of the case are that Messrs Abdullah Ali Al-Anjoor Trading and Importing Republic of Yemen, Sana's had sent a complain to Embassy of Pakistan at Sana, Yemen through Ministry of Interior and FIA/Head Quarters, Islamabad, Enquiry No.13 of 2002 of FIA/Corporation Crime Circle Karachi was held by FIA/Corporate Crime Circle Karachi and subsequently F.I.R. was lodged against the accused for causing loss to the complainant party to the tune of US$21, 825. The learned DAG states that for the same offence the case was challaned at three forums viz. (1) Customs Court, (2) Banking Court and (3) Commercial Court. The learned DAG states that the…

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