ISLAMABAD, Jan 16: The jailed leader of Pakistan People’s Party (PPP) Asif Ali Zardari on Thursday filed an application with the accountability court number III for acquittal in the BMW case.

Through the application filed under Section 265-K of the Criminal Procedure Code (CrPC), Asif Ali Zardari’s counsel Farooq Naek advocate said the prosecution had failed to establish the evidence that the vehicle was imported by the accused. The court issued a notice to the prosecution for January 30.

The application said there was no evidence to prove evasion of any customs duties or motor vehicle charges against Mr Zardari. It said the customs department had not accepted the evaluation of the dealer rather the customs collector had fixed his own evaluation, on which the duty was paid.

During the evaluation, 12 more accessories of the vehicle were discovered. The bullet-proofing of the vehicle was an accessory, which was never discovered by the customs department during their evaluation. Therefore it could not be said that the car was bullet proof. The application also cited that under relevant laws, any misdeclaration of duties could not be recovered after 3 years. Moreover, the car was imported in 1995 and the customs department had not yet issued any letter of misdeclaration of the imported vehicle.

Farooq Naek also cross-examined Inspector Shaukat, the handwriting expert of the Federal Investigation Agency (FIA). The prosecution witness said he had examined the specimen signatures of Sajid Qayyum, the person in whose name the vehicle was imported, and admitted that he could not say whether the signatures were forged or fabricated. Besides, the signatures also did not show the name of any person. He also conceded that with the passage of time, signatures do change or vary.

Asif Ali Zardari is facing the allegation of impersonation by importing a 1993 model armoured luxury vehicle in the name of a student with an intent to evade duties.