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K.L.R. 1994 Tax & Custom Cases 18

JAVID SHERAZI Etc. vs THE STATE

CitationK.L.R. 1994 Tax & Custom Cases 18
CourtLahore High Court
Case No.Crl. Misc. No. 86/M of 1992
Date1993-12-07
Judge(s)Sh. Ijaz Nisar
ResultN/A

ORDER

IJAZ NISAR, J.- The relevant facts are that F.I.R.N0. 18/90 was registered at P.S. Crimes Circle, Lahore on the allegations that M/s Naseer Enterprisers, 15- Royal Park, Lahore, Ameen Trading Co., 118 Kabari Market, Lahore and Hanif Enterprises, Lahore were taking out the electronics without payment of customs duty in collusion with Javid Sherazi Inspector Customs and Abdur Rashid, Deputy Superintendent, Customs (petitioners). After investigation, the FIA submitted separate challans on the basis of the same F.I.R., one in the Court of learned Special Judge, Customs, Lahore under sections 156(1) 8-9, 14, 82-157 of the Customs Act and the other in the Court of learned Special Judge, Anti Corruption, Lahore.

2. Learned counsel appearing on behalf of the petitioners submits that proceedings in both the Courts cannot take place simultaneously. In support of his contention he has cited Ismail A.

Rehman Vs. Muhammad Sadiq and 3 others (P.(1).D. 1990 Karachi 286) where it was observed that in the interest of justice, proceedings in one Court should take place.

3. In the above circumstances, the petition is accepted and it is ordered that proceedings against the petitioners shall proceed in the first instance in the Customs Court. However, there shall be no bar to the proceedings in the Court of learned Special Judge Central after the disposal of the case in the Customs Court.

4. Disposed of with the above direction.

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