1. ' The relevant facts giving rise to this application are that Khalid Ali Afridi, Inspector of Excise Department raided the licensed Diplomatic Bonded Warehouse run by the applicant in Bath Island, Karachi and arrested the employees of applicant and Clearing and Forwarding Agent Muhammad Haroon. The Excise Inspector seized three vehicles parked in the Bonded Warehouse bearing Registration Numbers JX-5371, KE-5213 and CG-7419, alongwith 76 dozens of foreign liquor bottles and 100 cases of imported beer. According to applicant the entire seized property was imported under the licence for foreign diplomats to whom they were to be dispatched in the morning. The prosecution has alleged that some liquor was seized from the house in Defence Housing Society, where Foreign Diplomat Edi Zubadi resided. This diplomat was also arrested and nominated as accused in the F.I.R. Which was registered under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979. It is stated in the application that the entire import was made under the licence issued by Pakistan Customs Department and licence was issued by Excise and Taxation Department, Government of Sindh for storing the liquor sale and transport thereof. Subsequently, all the arrested persons were released on bail and inquiry on the complaint of complainant was conducted and the Seizing Officer was arrested who is at present in jail under various charges of corruption, misuse and abuse of his position. The application was submitted before the trial Court for the release of imported liquor and beer on Superdari, as it belonged to diplomats. The liquor and beer was likely to expire after the expiry date. The Excise and Taxation Officer gave no objection before the trial Court for return of the seized goods but the trial Court still rejected the application for vague reason that certain questions in the matter were to be determined during the course of trial. The applicant submitted revision application which was heard by learned Vlth Additional Sessions Judge, Karachi, South and the learned Additional Sessions Judge also dismissed the revision application for the reason that the trial Court is to decide the issue.
2. Being aggrieved with the dismissal of revision application the applicant has submitted this application under section 561-A, Cr.P.C. Praying that the seized goods which were imported under licence and were stored under the licence by the Excise and Taxation Department, may be released to the applicant under Superdari. Mr. Naik Muhammad Shaikh, Excise Inspector, is present today. He has stated that the Provincial Excise Department has no objection to the release of seized goods, to the applicant as the department has already given no objection before the trial Court.
3. ' Mr. Habibur Rasheed, learned State Counsel, has stated that he cannot say if Mr. Naik Muhammad Shaikh, who has appeared before the Court is the genuine person or not as he does not know Mr. Naik Muhammad at all. He wants time for verifying if Mr. Naik Muhammad is a concerned person or not.
4. ' I have seen the Departmental Identity Card of Mr. Naik Muhammad and I have no reason to doubt veracity of his statement that he is an Excise Inspector in the Excise and Taxation Department of the Government of Sindh. Mr. Yousuf Baig, Appraising Officer of the Customs Department is also present and has stated that all the import documents produced by the applicant alongwith the application are genuine and the liquor and beer was imported validly under the valid legal and genuine documents. Mr. Habibur Rasheed has taken same plea as in respect of Excise Inspector.
5. ' I have seen the Departmental Identity Card of Yousuf Baig as well and therefore, I am of the opinion that no further verification is required. The departmental identity cards are issued for the purpose of verification and identification. If the identity cards are not accepted there would be no purpose of issuing such identity cards to various employees of the Government Departments and the corporate bodies.
6. ' Mr. Habibur Rasheed has sought further time for the reason that the learned Advocate-General has instructed him to seek further time for verification of the documents. I do not find any reason for granting further time as this application is pending since 6-3-2000 and more than one year has elapsed. Such delay in the disposal of simple matters reflects adversely on the administration of justice in this country and it is high time that everybody concerned should feel responsibility and no delay should be caused on flimsy grounds. In fact this application ought to have been decided at the most within a month which has already taken more than a year.
7. ' On the basis of documents produced by the applicant before me and the statements given by the officials of the Customs Department and Excise and Taxation Department. Government of Sindh, I find no reason for non-releasing of the seized goods to the applicant. I am of the considered opinion that both the learned Courts below have failed to apply their mind to the facts of the case and have utterly failed to exercise jurisdiction vested in them. The subordinate Courts should not merely dispose of the petty matters by slipshod orders and without applying their mind to the facts of the case. The aggrieved persons come to the Court as matter of last resort and if the Courts also start working in a bureaucratic and stereotype manner no forum shall be left to the people for seeking justice and redressal of their grievances. Such attitude on the part of the subordinate Judicial Officers adversely reflects on the entire administration of justice in this country and, therefore, I would like to impress on all the subordinate Judicial Officers to apply their minds to the facts of each case and to consider the merits instead of merely disposing of the matters brought before them for adjudication and for dispensation of justice. Mere disposal of applications/cases by Judicial Officers does not amount to dispensation of justice and amounts to non-exercise of the jurisdiction vested in them which is highly depreciated.
8. ' The application is allowed as prayed and the Excise and Taxation Department is directed to release the entire seized goods including vehicles to the applicant under Superdari, with the clear undertaking that the vehicles shall be produced before the Courts as and when required. The empty bottles shall not be destroyed. The Excise and Taxation Department may take samples and seal the same if required. If the samples are-required to be sent to the Chemical Examiner or any other Expert the same shall be sent accordingly. The investigation and trial shall not be affected in any manner with the release of goods to the applicant under Superdari. The application is allowed accordingly.