' JAVED IQBAL, J.---This is a Constitutional Petition preferred on behalf of Syed Hyder Ali under Article 199 of the Constitution of Islamic Republic of Pakistan (hereinafter referred to as. The Constitution) with the following prayer:-- ' "It is prayed that learned Court may be pleased to declare--
(i) That withholding of consignment of petitioner by respondents Nos.2, 3, and 4, and its non- clearance/non-release at the instance of respondent No,1 or respondent No,5 is without lawful authority:
(ii) That purported enquiry by respondent No,5 in the nature of general enquiry is devoid of lawful authority;
(iii) Petitioner further prays that Honourable Court may issue appropriate direction for clearance/release of consignment consisting of Rubber waste and Scrap weighing 45 M.Tons without payment of any demurrage charges;
(iv) Learned Court may be pleased to direct payment of compensation to the petitioner equal to the loss(es) suffered by petitioner as per break up given in para.9 of the petition."
2. Heard Mr. Muhammad Aslam Chishti, Advocate on behalf of petitioner. Syed Ayaz Zahoor, learned Deputy Attorney-General on behalf of respondents.
3. We have carefully examined the contentions as agitated before this Court on behalf of petitioner and for respondents in the light of relevant Provisions of law and available record. Let we mention here at the outset that it is not a case of evasion of custom duty simplicitor but the allegations are that false declaration was made and the scrap/rubber was imported on the basis of fake and forged documents authenticity whereof is under scrutiny and a thorough probe is being made. In this regard the learned Deputy Attorney-General referred the letter duly issued to Inter Pole for necessary scrutiny and report regarding the genuineness of the fake and forged documents. The determination of genuineness of documents by Council General Islamic Republic of Pakistan at Zehdan cannot be treated as final for the simple reasons that authenticity was got.It determined on the basis of statement got recorded by a Representative of the Transport Company which in our view by no stretch of imagination can be considered sufficient. In fact an abortive attempt has been made to evade custom duty by making false declaration on the basis of alleged forged and fake documents. Syed Ayaz Zahoor, learned Deputy Attorney-General has pointed out our attention towards an agreement executed in between the parties that amount so saved by employing fraudulent methodology will be distributed on equal basis. It is pertinent to mention here that what was the source of the imported scrap/rubber is yet to be determined. There are other various factual controversies which cannot be decided by exercising our Constitutional jurisdiction. It is well-settled by now that "controverted question of fact, adjudication on which is possible only after obtaining all types of evidence in power and possession of parties can be determined only by courts having plenary jurisdiction in matter and on such ground Constitutional petition was incompetent. PLD 1987 Quetta 103 (D.B), 1982 CLC 2268, 1971 SCMR 110, PLD 1968 Dacca 367 (DB), PLD 1983 SC 280 and PLD 1983 SC 280.
4. We have also examined the statement of Syed Manzoor Hussain which is indicative of the fact that scrap/rubber was being imported from Turkey by a company "Ilka Plastik Sanayi Tic. Ltd. Sti" via Iran to deprive Government of Pakistan for legitimate custom duty fraudulently. On the basis of tentative assessm ent of the entire material we are, of the view that petitioner has not approached this Court with clean hands. It hardly needs any elaboration that "the High Court will not grant relief under this Article when the petitioner does not come to the Court with clean hands. He may claim relief only when he himself is not violating provisions of law, especially of the law under which he is claiming entitlement. PLD 1989 SC 516, PLD 1982 Quetta 73, 1984 CLC 1479 we have not been persuaded to agree with Mr. Muhammad Aslam Chishti, Advocate that the entire action has been taken with mala fide motive. It is well settled by now that "Even if a case otherwise merits due investigation by the police, it (the investigation) should not be quashed simply on the ground that the same might have been initiated with mala fide motives. It is a public duty of the police to take note of all cognizable offences, register the same and, after the investigation, submit the necessary reports under the Criminal Procedure Code. If (they) fail in this, they would be failing in one of their most important duties. PLD 1971 SC 677, PLD 1967 SC 317. We are, therefore, not inclined to declare as prayed for that purported enquiry by F.I.A. In the nature of general enquiry is devoid of lawful authority.
5. We have observed that an attempt has been made to conceal the exact factual position by suppressing material facts, and therefore, we are not inclined to exercise our Constitutional jurisdiction. In this regard we are fortified by the dictum laid down in the following authorities:-- ' 1991 MLD 1755, 1982 SCMR 560, 1982 CLC 2487, 1997 CLC 1502, 1987 CLC 2410, PLD 1985 Lah. 508, AIR 1960 All. 164 (DB) and PLD 1975 Lah.
921.
6. In so far as the temporary seizure of scrap/rubber is concerned that can be done in view of the provisions as contained in section 5(5) of FIA Act, 1974. 11 ' In the light of what has been stated above, We are, not inclined to admit this petition, which is dismissed in liminie.