Counterfeit productions, fraudulent marketing: Writ filed against Indus Tobacco Company

Humayun Khan

PESHAWAR: A writ has been filed at Peshawar High Court seeking did not de-seal Indus Tobacco Company located at Shankar area of Mardan for alleged fraud, manipulation of laws and counterfeit production.

The writ has been filed by Muhammad Faridoon Rehman against Government of Pakistan through Secretary Ministry of Commerce, Government of Khyber Pakhtunkhwa, Indus Tobacco Company Through its Chief Executive Bala Khan, Anwar Khan, Kellay, Mardan, Muhammad Abbas Son of Muhammad Ayaz Khan Resident of Anwar Khan Killi Halki Banda, Post Office Pir Abad Tehsil Takht Bhai, District Mardan, Muhammad Bilal Khan Son of Muhammad Ayaz Khan Resident of Anwar Khan Killi Halki Banda, Post Office Pir Abad Tehsil Takht Bhai, District Mardan, Ayaz Khan Son of Muhammad Anwar Khan Resident of Anwar Khan Killi, Halki Banda, Post Office Pir Abad Tehsil Takht Bhai, District Mardan, Nasir Khan Son of Muhammad Anwar Resident of Anwar Khan Killi Halki Banda, Post Office Pir Abad Tehsil Takht Bhai, District Mardan, Federal Board of Revenue, Security Exchange Commission of Pakistan, Excise & Taxation Department, Intellectual property Organization, Inspector General of Police, Inland Revenue, Sales Tax, Income Tax, Deputy Commissioner Inland Revenue Peshawar and Federal Investigation Agency seeking to did not de-seal the factory conclusion of the petition.
The writ was submitted by Waqif Saleem Advocate on behalf of petitioner added that the operation of Indus tobacco are required to be freeze, the government respondent no 4 to 7 may be directed to conduct fair inquiry, investigation and trial against the company and other respondents with fear and favor to any culprit.
The petitioner seeking that the respondent organization may be directed to observe the due process of law under their respective jurisdiction provided in law of intellectual property rights, companies act, 2017 attracted to security exchange commission of Pakistan, Federal Excise Rule, 2005, Pakistan Penal Code read with Criminal Procedure Code, provisions related to Federal Investigation Agency Act, Excise & Taxation Act and other prescribed laws attracted in the matter.
The writ further seeks that Direct to freeze the operation of company till the conclusion of Inquiry, law and decision of the cases pending against the company. The petition added that the respondents may be directed from any adverse action against the petitioner for the wrongs committed by the respondent no 4 to 7 in their personal capacity in the name of company.
The Federal Government may be directed to take appropriate disciplinary action against the officers of the government functionaries who are involved in facilitating the manufacture and sale of counterfeit cigarettes of the established brands by the respondent no 4 to 7.
The writ added that the provincial government may be directed to take appropriate action against the respondent police officer who have not filed challan against the company and respondent no 4 to 7 registered of cheating, fraud and manufacture of counterfeit cigarettes.
In the meanwhile, the respondents may please be directed not to de-seal the company till the final disposal of the writ petition.