No. ________________________________ Dated .03.

2019

PRILIMINARY INQUIRY REPORT

Subject: Info Report – Recovery of Contraband items

Please refer to the subject cited above.

2. The enquiry committee comprising the undersigned officers was

constituted in pursuance of Directorate General Intelligence & investigation-Customs
Islamabad’s letter C.No. 7(16)DGCI/Admn/2019/106 date 11.1.2019 and Board’s letter C.No.
3(14)E&C/2018 dated 10.1.2019 in the subject “info against officers and staff of
Collectorate Customs, Hyderabad”. The mandate of the Committee is to investigate role of
officers/staff of MCC Hyderabad and MCC Quetta in allegedly patronizing/conniving a gang of
smugglers under Haji Sadiq, who has been described as group leader of the smugglers, involved
in the smuggling of contraband items from Quetta and Chaman to various parts of Sindh.

3. Enquiry Proceedings:-
The inquiry proceedings were held in detail and all concerned parties were given
sufficient opportunities vide letters dated 06-03-2019 (Copies enclosed as Annex “A”) for
submitting their view points.

4. Brief facts of the case are that on a tip of by a government agency, on night
of29/30 November 2018, Customs Officials Hyderabad seized 2 trucks at Hala Naka Chowk
Hyderabad enroute Quetta to Karachi, recovered 33 tons smuggled Betal Nuts and arrested 11
individuals. Later, an FIR was lodged by Customs Anti Smuggling, Hyderabad(Copy of FIR
enclosed as Annex “B”). However, the agency reported following information on the basis of
further investigation carried out by its officials, which was also forwarded to Chairman, Federal
Board of Revenue, for departmental enquiry/investigation:

a. One of the culprits namely Rafique Khan revealed that his brother Haji Sadiq and
Selaab Khan are main persons behind this illegal business. Haji Sadiq (group
leader) is patronized by officials of Police, Excise and Customs and Anti
Narcotics Force.
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 b. A register recovered from belongings of this smuggling group, revealed details of
expenditure which includes monthly payments made to such govt. officials
enroute National/ Indus Highways from Chaman Border and Quetta to Karachi
(Copy enclosed as Annex “C”).
c. Suleman Jatoi, Assistant Excise & Taxation Officer (AETO) Hyderabad was
working with this group and being paid heavily. This time, owing to differences
on money/ rates, he wanted to trap these smugglers to raise rates/ conditions.
d. Mr. Khalid Jamali, Collector Customs Hyderabad is also patronizing this group.
He is in close contact with Haji Sadiq. Reportedly, he is being paid rupees one
million per month for providing safe route.
e. Reportedly, Inspector Zulfiqar Jamali and Inspector Shafiq ex Customs
Intelligence Hyderabad have directly patronized this group as front men of
Collector Customs Hyderabad (Mr. Khalid Jamali).
f. Haji Sadiq has stronghold in Quetta and Chaman and is considered most
influential smuggler.
g. Officials of Excise Department Karachi, who helped the raiding party and
identified sieved trucks, were continuously threatened/ pressurized by Excise
Officials Hyderabad Range for release of said trucks. They also pressurized
Customs officials for the deal/ out of court settlement before lodging FIR.
h. Custom House Quetta is also involved in issuing fake receipts and other
documents to make such illegal items as imported commodity.

5. Perusal of report forwarded by the agency revealed following aspects which have been
examined/investigated in detail:

5a. Existence of gang of smugglers under Haji Sadiq

There is no denying the fact that smuggling is a great menace faced by our country. There
are constant reports in local and international media, research studies carried out by various
circles and numerous cases made by Customs department and other agencies that there are
multiple gangs which operate in various parts of the country for their ulterior motives. Haji Sadiq
is also one such smuggler who has been involved in smuggling of various items on different
routes including the route pointed out in the report of Agency to the chairman FBR.

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5.b Involvement of Police, Excise and Anti Narcotics Force.

Since enquiry/investigation against Police, Excise and Anti Narcotics Force is beyond
mandate of this enquiry committee, allegations against these departments/agencies were not
touched upon and focus is laid on allegations against Customs department only.

5.c Involvement of Customs in patronizing smuggling.

Perusal of report forwarded by the agency through Chairman FBR revealed alleged role
of officers/staff of following formations of Pakistan Customs in conniving with smugglers.
i. MCC Hyderabad
ii. MCC Quetta
The report points out names of Mr. Zulfiqar Jamali, Inspector, Anti-smuggling Office,
Hyderabad, and Inspector Shafiq ex Customs Intelligence Hyderabad who have been allegedly
directly patronizing this gang of smugglers as front men of Collector Customs Hyderabad (Mr.
Khalid Jamali). However, the report is silent about names of any specific officer/officials of
MCC Quetta and is limited to pointing out role of MCC Quetta in issuing fake receipts and other
documents to make such illegal items as imported commodity. The enquiry committee examined
role of each officer/official and formation in detail and the findings are discussed below:

5.d Role of Zulfiqar Jamali, Inspector

Mr. Zulfiqr Jamali, has been posted as Inspector, Anti-smuggling Office, Hyderabad since 17-
09-2018. He was issued a letter dated 06-03-2019 to explain his position regarding the
complaint. He submitted his reply dated nil received on 18-03-2019 (Annex “D”) wherein he
denied/refuted allegations leveled against him in the report. He submitted that the contents of the
complaint are baseless and are based on misunderstanding and misrepresentation of facts. He
reiterated that the intelligence based case referred in the complaint was conducted under his
supervision as incharge which was successfully completed despite all odds, threats and pressures
and resulted in seizing of 2 trucks, 33 tons of smuggled Betal Nuts and arrest of 11 smugglers.
Had there been any substance in the said complaint, the operation would not have been
completed successfully. He also submitted that his performance against smuggling during a brief
period of 5 months as Inspector, Anti-smuggling Office, Hyderabad (since his posting on 17-09-
2018) has been outstanding. He also submitted list of 13 major seizures of Gutka, Betel nuts and
Diesel worth Rs.116 million made by him. However, he failed to cite any seizure/case of Haji
Sadiq, except the one referred in this complaint, during this period.
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Perusal of record and his statement suggests that the official has made significant cases in recent
past. He also was the incharge of the team which conducted seizure in the case referred in this
complaint The alleged register recovered from culprits also does not indicate his name or any
amount to have been paid to him. There is no credible evidence to suggest that the official is
involved in any sort of connivance with the culprits. However, it is pertinent to note that Mr.
Zulfiqr Jamali has not identified a single instance in which he initiated a seizure/contravention/
FIR against Haji Sadiq, except the one referred in this complaint, during his posting as Inspector,
Anti-smuggling Office, Hyderabad. Considering that such evidence would be of immense
support, it is surprising that he has failed to point out the same which raises question mark on his
role and performance of duty in transparent manner, although, there is no clear evidence to
suggest that he acted in connivance with smugglers in this case.

5.e Role of Shafiq ex Customs Intelligence Hyderabad

Despite all out efforts, the committee could not trace the whereabouts of Mr. Shafiq. Even, Mr.
Zulfiqr Jamali, or other staff of MCC Hyderabad are unaware about this person.

5.f Role of Mr. Khalid Jamali, Collector MCC Hyderabad

The committee also investigated the most critical part of the report i-e role of Mr. Khalid Jamali,
Collector MCC Hyderabad. Mr. Jamali has been Collector, MCC Hyderabad w-e-f 14.04.2018.
This is his first posting in BPS 20. The officer enjoys a good general reputation as an upright
officer and nothing is on record, except this complaint, to suggest otherwise in respect of him.
Scrutiny of this complaint suggest that Mr. Jamali is directly patronizing this smuggler gang
through his front men Inspector Zulfiqar Jamali and Inspector Shafiq ex Customs Intelligence
Hyderabad; however, there is nothing on record to prove that he is patronizing any gang. Even
otherwise the very allegation that “Mr. Jamali is directly patronizing this smuggler gang through
his front men Inspector Zulfiqar Jamali and Inspector Shafiq” seems inherently incorrect as there
is a long range of officers/officials between a Collector and Inspector i-e Additional Collector,
Deputy/Assistant Collector, Superintendent, Deputy Superintendent. It is practically impossible
that an officer patronizes any particular gang through inspector, bypassing the long chain of
officers/officials. As already pointed out, the alleged register recovered from culprits also does
not indicate his name or any amount to have been paid to him. There is no credible evidence to
suggest that the officer is involved in patronizing any smugglers’ gang.

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5.g Issuance fake receipts and other documents by MCC Quetta
Final part of the complaint investigated by this committee is related to the issuance fake receipts
and other documents by MCC Quetta. Scrutiny of the complaint in light of prevailing system and
the item involved suggests that this part of the complaint is totally baseless. First of all, MCC
Quetta can not issue any fake receipts and other documents to make such illegal items as
imported commodity, nor can any contraband becomes legal by any Collectorate through any
document. Thus this allegation is inherently factually incorrect.

6. FINDINGS OF THE INQUIRY PROCEEDINGS.

On the basis of the foregoing details, the inquiry committee is of the opinion that there is
no credible evidence to suggest that the officials/officers are involved in any sort of connivance
with the culprits. Nor is there any evidence to suggest that Collector has any role in patronizing
any officer/ official allegedly involved in facilitating smuggling or conniving with smugglers.
The alleged register recovered from culprits also does not indicate name of any officer/ official
to whom any amount have been paid on account of corruption. Rather, the register appears to be
“a layman record” of day to day expenses carried out by the smugglers. Notwithstanding the
above, failure on the part of Inspector Zulfiqar Jamali to point out a single case against Haji
Sadiq during his posting as Inspector, Anti-smuggling Office, Hyderabad, raises question mark
on his role and performance of duty in transparent manner. Even though there is no clear
evidence to suggest that Inspector Zulfiqar Jamali acted in connivance with the smugglers in this
case, the potential risk can not be ignored. The enquiry Committee is therefore, of the opinion
that Mr. Zulfiqar Jamali, Inspector, Anti-smuggling Office, Hyderabad, may be transferred out of
Anti-smuggling Office, Hyderabad and assigned some other charge in the larger public interest.

7. The Inquiry report along with its enclosures is submitted for necessary action, as
deemed appropriate.
This inquiry report consists of 5 pages and each page bear our initials as well as
an official seal with full signatures on the last page.

(Saud Hassan Khan) (Mukhtar Ali Sheikh) (Saad Ata Rabbani)

Intelligence Officer Deputy Director Deputy Director

Enclosed:- As Above
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