20000323

Customs appellate bench

dismiss to state

appeals

KARACHI: The Special Custom Appellate bench of High Court of Sindh (SHC) comprising Chief Justice Syed Deedar Hussain Shah on Wednesday dismissed ten different appeals filed by the state.

The appeals were filed by prosecutors Collector Customs, Deputy Collector Customs etc and the counsel for accused/respondents opposed the appeals on ground of maintainability of the petitions.

The counsel for respondents/accused relying on the section 4 A of the Central law Officers Ordinance (Amendment Act XVII of 1985) submitted that the Central Law Officers have been defined in the said Act whereby Additional Attorney General, Deputy Attorney General and Standing Counsel can institute, file, conduct proceedings including appeals, revision for and on behalf of the federal government before any court of law or tribunal.

They contended that as per above law, the appeals were filed 'incompetently' by the prosecutor.

The counsel for appellant (State) Choudhry Mohammed Iqbal Standing counsel rebutting the objection submitted that the appeals are maintainable.

The bench after hearing both the sides reserved judgement in the matter which was announced on Wednesday.

The bench dismissing all the 10 appeals by a common order held that the argument and preliminary objection raised by the counsel for respondents has force and appeals are not maintainable.

The accused/respondents include alleged gold king Dawood Jat, and 15 others who were acquitted by the Special Customs and Taxation Court for Karachi division.ÑAPP