Law:

Section:

Sindh Local Government Ordinance (XXVII of 2001)--- ----S. 195 & Sched.---Municipal Administration Ordinance (X of 1960), S.92---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Declaration of manufacture, sale, use of certain items as illegal---Petitioners were engaged in business of manufacture and sale of `Ghutka' and `Pan Masala' purportedly under licence from Town Municipal Administration---City Nazim vide Notification declared that manufacture/sale/use and storage of goods manufactured by petitioners being harmful for human consumption, were illegal and unauthorized---Petitioners had challenged said notification in constitutional petition on the ground that it was beyond the purview of power available to City/District Government as dangerous and offensive trades could only be declared by the Provincial Government---Validity---While under Municipal Administration Ordinance; 1960 the power to declare trade to be dangerous or offensive vested solely in Provincial Government, but present dispensation conferred same concurrently on Provincial as well as Local Government---Contention of petitioners was repelled---Even otherwise licence of petitioners had expired before issuance of impugned notification and petitioners could not show whether any right arising from said licence continued to remain vested with petitioners. ORDER The petitioners who are engaged in the business of manufacture and sale of Ghutka and Pan Masala purportedly under license from the Town Municipal Administration, Orangi Town, Karachi appear to be aggrieved by a Notification of the then City Nazim dated 8th June, 2005. The contents whereof may be produced as under:-- "NOTIFICATION No.Nazim/City/Cecy/7794/05 under section 141 of Sindh Local Government Ordinance, 2001 read with para. 44 of Dangerous and Offensive Trade of Schedule 6th read with section 195 of the Sindh Local Government Ordinance, 2001. City District Government hereby notifies that manufacture/sale/use and storage of betel products Ghutka and Babul very harmful for human consumption is illegal/un­authorized and prohibited with in the city areas of Karachi. In addition any substance which appears to be…

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