IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN.

W.P. 2021

QASWAR SHAH ,INTELLIGENCE OFFICER, CUSTOMS-FBR MULTAN

V/S

1-Mr.USMAN SB,DIRECTOR CUSTOM INTELLIGENCE FBR ,MULTAN

2-Mr.ABDUL QAYUM,ASSISTANT DIRECTOR,CUSTOMS –FBR-MULTAN.

AND OTHERS.

3. SEPOY LIAQAT ALI( DEFECTO DIRECTOR)

4.Skinder Ali junior Clerk but Special Assistant to the Respondent No.1

SUBJECT;- WRIT PETITION UNDER ARTICLE 199 OF THE CONSITITUATION OF

ISLAMIC REPUBLIC OF PAKISTAN READ WITH OTHER ALLIED AND NECSSARY LAWS.

Respectfully shewith,

1.That the appellant has serving this department since last 36 years .with the help

almighty God, the appellant made hundred of heinous cases of smuggling, tax
evasion and specially of narcotics .In some cases the high authorities hounered

many appreciation memos, even World Custom Organization (RILO) also

appreciated my case in 1997.(copies of some memos are annexed).

2. As per Section 3 of the Customs Act, every officer has delegated powers to

exercise only to prevent smuggling and curb the tax evasion. Neither the Collector

has delegated powers to depute any one for the purpose other than prevention

of smuggling etc.

3. The legal branches by ways of prosecution, Deputy attorney, standing councils

dully appointed by Ministry of Law, even FBR cant appoint or constitute such legal

branches without permission of Law Divisions.

4. The appellant kept much hurdles to the notorious types of smugglers and

smuggling which is cancerous to the economy of Pakistan but the appellant was

transferred to other stations only to smooth the ways to the smugglers.To put the

appellant to side line by such void and illegal orders clearly indicates something

wrong is being going on against the interest of the state.

5. The appellant is the native citizen of Multan and after gifted life from Almighty

Allah pak,in july, 2020 transferred from Hqrs. Islamabad to my native station

Multan. Mr. mubeen being junior became superintendent violation of

government service rules as prescribed therin. The appellant then posted at

Sadiqabad and reposted at Multan within a 30 days.(annex.A)

6. The respondent reshuffled the staff and by choice, Mr. saleem I.O (Junior) and

Liqat Ali sepoy became Incharge Anti-smuggling, incharge I&P etc by the orders of

Respondents after Mr. Mubeen Inspector (junior)but superintendent also

violation of Government efficiency rules. Copy enclosed Annex-(B).No work

without any will of him legal or illegal. The Office orders of Mr. Saleem I.O for

inchrge may kindly be observed on the copy of note sheet side signatures of

M.Saleem (most junior) as Incharge ,ASO/I&P Branch. While such illegal orders

have been kept under illegal custody of one, Skinder Ali junior Clerk but Special

Assistant to the Respondent No.1who even became so crazy as he asked me to

get out of the room.

7. The appellant having the grip on the smuggling and tax evaders made 4 huge

cases in the Ist weak of the new year 2021. Each case of millions of tax fraud. On

the other hand, the very next day The appellant was shifted from Anti smuggling

duties to legal branch and not only this the copies were sent to the culprits for

their satisfaction by some un-known official.(Annex-d).

8. The appellant is the servant under the Customs Act, and there is no such

Section or provision prohibit the Officer of Customs that not to detect the case

and seize the smuggled goods. Thus the such orders are illegal and against the

Customs Act.

is posted at the Multan. what is the wisdom behind it respondents better know?

9. The most astonishing matter is that the some officials ,junior to the appellant

have been put forwarded by the orders at he seats of incharge, Anti-

smuggling/Superintendent even some Sepoys are governing the regional Office

with the intention of Respondent No.1 and respondent no.2 issued such illegal

orders .They are the even have been declared incharge of all sub-Offices while the

Actual superintendent is present in the Office but he is also posted to side of the

work delegated under Section 3 of the Customs Act .

11. Even it is brought in the knowledge of the hounerable court the orders of a

wireless operator Mr.Farooq Anjum from Multan to Dera Ghazi Khan Field unit

and there is no such vacancy of wireless operator even no kind of wireless set in

the field office Dera Ghazi khan, have been made by the respondents on bad

intention no kind of their illegal activity be reported to the authorities.

Prayer;-

(i) It is humbly prayed that the appellant due to this illegal orders became much

depressed and feeling some other dangerous activities may be done by

them(Respondant). It is further prayed that my job under the Customs Act to

prevent the smuggling which may not be disabled, be satisfactory if the same

orders may be set aside for the interest of the state.

(ii) The insulted, illegal and void orders of juniors officials posted on the senior

seats may kindly be set aside .

(iii) As these are totally illegal and void orders of Appellant from ANT-Smuggling

to Legal branch may also ordered to set aside as there is no legal or law branch in

breach of any provisions of the Customs Act. The legal forums are working in

terms of public prosecution duly delegated by the ministry of law/law divisions.

The legal branch cannot be constituted even by the FBR. This posting is only to

give smooth ways to the smugglers and posted those who are not favorite to the

incharge of Anti-smuggling for their own interest. These kinds of posting of juniors

have been hated by the Hounerable Supreme Court of Pakistan in many cases.
(iv) The Appellant after filling this petition is more anxious about the next negative

pieces of act by the respondents so they may also be directed not to hurt or suffer

the appellant so far.

(Qaswar Shah)
Intelligence officer

Through Council.

Mr. Rashid Ali Shah

Advocate,
High court.