Law: Import Policy Order, 2013

Section: 5(B)(iii),20,AppendixesG,G-I

Law: Constitution of Pakistan, 1973

Section: 199

(a) Import Policy Order, 2013--- ----Ss. 5(B)(iii) & 20 & Appendixes G & G-I---Constitution of Pakistan, Art. 199---Constitutional petition---Import of Carbon Dioxide (CO2) gas from India through Wahga Border---Policy decision of Government---Non-interference by court---Petitioner alleged that import of Carbon Dioxide (CO2) from India through Wahga Border was not allowed under S. 5(B)(iii) of Import Policy Order, 2013; that Provincial Government was repeatedly granting one time permissions to respondents for importing CO2 from India, which was contrary to S.20 of Import Policy Order, 2013; that imported CO2 gas was unfit for human consumption, and that there were no testing, storage or transportation facilities available at Wagha Border, which could prove to be hazardous---Validity---As per Import Policy Order, 2013, CO2 gas was not an item which was absolutely restricted for import from India---CO2 gas was neither a banned item nor a prohibited item nor was it included in the list of restricted items mentioned in the Import Policy Order, 2013---When an item was not banned or prohibited under the Import Policy Order, 2013, then the Provincial Government could consider and give permission to import such item as per its requirement and policy---In the present case, the respondents had been taking permission from the Provincial Government to import CO2 gas into Pakistan from India through Wagha Border---Provincial Government being the relevant authority could give such permission in order to meet the local demand for CO2 gas---Local supply of CO2 gas could not meet the increasing demand, hence the Provincial Government had deemed it appropriate to allow the respondents to import CO2 gas from India through Wagha Border from time to time---Such decision was a policy decision exercised by the Provincial Government which did not call for interference by the court---Petitioner did not bring anything on record to show as to how imported CO2 gas was unfit for human consumption---Respondents purchased CO2 gas in India from their approved vendors to ensure that it complied with the requisite quality standards---CO2 gas did not require any special…

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