Syed AKBAR ALI SHAH NAQVI Versus STATION HOUSE OFFICER/INCHARGE INVESTIGATION AND PROSECUTION BRANCH CUSTOMS INTELLIGENCE, GUJRANWALA
This criminal miscellaneous petition under constitutional jurisdiction sought the quashing of an F.I.R. registered under the Customs Act, 1969, on grounds including an anomalous date of occurrence, delay in lodging the F.I.R., and alleged mala fides. The core legal question was whether an F.I.R. can be quashed by the High Court under constitutional jurisdiction where a challan has already been submitted and the case involves disputed questions of fact. The Lahore High Court held that typographical errors regarding dates, delay in lodging an F.I.R., and disputed questions of fact do not warrant the quashing of an F.I.R., particularly when a challan has been submitted and the petitioner has adequate alternate remedies before the trial court. The court laid down the principle that quashing an F.I.R. at the pre-trial stage to resolve factual controversies would amount to stifling the prosecution and short-circuiting normal legal procedures.
- Whether an F.I.R. can be quashed by the High Court under constitutional jurisdiction when a challan has already been submitted in the trial court?
- Does a delay in lodging the First Information Report serve as a valid basis for its quashing?
- Can disputed questions of fact be resolved by the High Court in constitutional proceedings for the quashing of an F.I.R.?
- Section 156(1)(77), Customs Act, 1969
- Section 156(1)(85), Customs Act, 1969
TARIQ SHAMIM, J.--- Through this petition, the petitioner seeks quashing of case F.I.R. No.1 of 2007 dated 22-3-2007 for offence under sections 156(1)(77)(85) of Customs Act, 1969, registered with Investigation and Prosecution Branch, Customs Intelligence, Gujranwala, inter alia on the grounds that the F.I.R. was lodged on 22-3-2007 whereas the occurrence had taken place on 25-12-2007 which is prior to the incident; that there is a delay of three months in lodging of the F.I.R.; that the prosecution story on the face of it is highly doubtful and unbelievable and that the F.I.R., in fact is a manoeuvred one.
2. The learned counsel for the respondent as well as the learned Deputy Prosecutor-General has vehemently opposed the petition.
3. I have heard the learned counsel for the parties and gone through the record.
4. Pursuant to credible information that a consignment of 123 cartons containing smuggled goods was lying in the premises of Messrs Meer Goods Forwarding Agency Muhammad Yousaf Mian respondent No.3, Intelligence Officer, Customs Intelligence, Gujranwala conducted a raid and found the smuggled goods lying there. Since no person from the said Agency Truck Adda came forward with proof of any evidence to show that the goods had been legally imported and were in lawful possession, therefore, the goods were detained by the respondent on 15-12-2006. Subsequently, the Agency Manager provided a copy of bill entry Bearing No.2489 dated 15-12-2006 showing clearance of the goods from the Sust Dryport, Gilgit. The Deputy Director (Import), Gilgit was requested to provide bill of entry and other, relevant documents but despite a reminder neither any document nor any receipt was received. Consequently, respondent No.3 along with the staff visited the premises of the Truck Adda on 13-2-2007 for the purpose of taking possession of the detained goods but the same were found to have been removed with the connivance and on the direction of the consignor and the consignee. The above referred F.I.R. was registered against Muhammad Asif, the owner of Messrs Meer Goods Forwarding Agency, Gujranwala and Akbar Ali petitioner on 22-3-2007. During investigation, the allegations levelled in the F.I.R. were found to be correct and consequently, challan has been submitted in the learned trial Court. The argument regarding the F.I.R. being lodged earlier to the occurrence is without any substance as apparently on account of a typographical mistake the year of occurrence has been mentioned as 2007 instead of 2006. Similarly, the argument regarding delay in lodging of the First Information Report is also of no consequence as it alone cannot be made a valid basis for quashing an F.I.R. Since challan in the case has been submitted, therefore, the petitioner has an adequate alternate remedy available to him under the law by way of approaching the learned trial Court. The matter essentially pertains to disputed questions of fact which cannot be resolved by this Court in its Constitutional jurisdiction. Further, the petitioner, has not been able to put forth any plausible ground for quashing of the First Information Report in question which is quashed at this stage would amount to stifling the prosecution. Moreover, the Honourable Supreme Court of Pakistan in the case of Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 has held that quashing of F.I.R. would amount to short circuiting the normal procedure of law as provided under Criminal Procedure Code and Police Rules and the accused has more than one alternate remedy available to him under the law.
5. For what has been stated above, this petition is dismissed in limine.
H.B.T./A-88/L Petition dismissed.