Islamabad High Court (IHC) issued notices to two police officials after the Consulate General of Afghanistan challenged the FIR filed against him, on Monday.
The court notified the Station House officer Shalimar Police station, Sub Inspector and Custom Collectorate after the Consulate General of Afghanistan, Alhaj Abdul Khaleq filed a writ petition, challenging the FIR against him in June 2010.
The petitioner said that in June 2010, Sub Inspector Shalimar Police Station Rashid Ahmed had intercepted a truck (JT-4838), located in sector F-10/1 and recovered 1,3200 bottles of liquor from the driver. The counsel for the petitioner told the court that the police has no jurisdiction as the liquor was legally imported from Karachi. He said, despite the fact the driver of the truck provided complete documents regarding the import of the liquor, they did not release him.
He told the court that police had also raided a house (No 88 -A) sector F-10/1 and recovered 1, 3077 bottles of liquor and registered a case under section 471, 420 and 468. However, the liquor recovered from the house bore no nexus to that of the petitioner’s stock, he told the court. Police registered a case against the consulate general.
He maintained that according to the Diplomatic and Consular Privilege Act (1972), consulate generals are exempted from liquor import. Adding that the Ministry of Foreign Affairs had issued exemption certificate to the Embassy of Afghanistan on May 2010 for import of liquor.He informed the court the FIR, which was lodged against his clients, had no legal effect, as under section 162 of the Custom Act 1963, police could not raid the house. Moreover, he requested the court to issue orders for cancellation of FIR and return of their liquor.
Published in The Express Tribune, March 29th, 2011.
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