Law:

Section:

Punjab Food Authority Act, 2011 --.-- --.-- S. 13(1), 40(3)(4) & 50 --.-- Constitution of Pakistan, 1973, Art. 199 --.-- De-sealed of restaurant --.-- Unconstitutional being against principle of natural justice and due process --.-- Challenged constitutionality and legality of Sections 40 and 52 of Act --.-- Doctrine of trichotomy of power --.-- Safe and healthy food to public-at-large --.-- Objections raised against cleanliness and maintenance of food at restaurant --.-- Power of seizure and power of imposition of fine --.-- Question of --.-- Whether authorities were required to issue notice to restaurant and provide an[opportunity of hearing beforeexercising powers --.-- Determination --.-- Its powers and functions include appointment of food safety officers to regulate and monitor food business in order to ensure provision of safe food which is fit for human consumption --.-- Expansion of precautionary principle in food safety laws has reaffirmed public interest and objectives of precautionary principle to empower regulators to act in anticipation of any harm that can be detrimental to health of people --.-- Public is protected from unsafe foods by enabling regulator to keep a check on food operator and food business in order to achieve mandate of Act and protect public interest --.-- Issue of protecting public-at-large VS rights of individual must be addressed as well --.-- Sealing of a food operator providing harmful, impure or unhygienic food becomes necessary to protect public from potential harm --.-- While protecting interest of public is necessary, a question arises as to whether use of precautionary principle or other self-executing powers would violate individual's right to due process --.-- Right to fair trial and due process are enshrined within Art. 10-A of Constitution --.-- While exercising its power and functions under Act, FSO can inspect restaurants at any time deemed necessary especially since they are checking on cleanliness standards, food safety and hygiene matters --.-- In fact it would defeat purpose of Act if FSO could only perform his duties during a stipulated time of day --.-- It does not cater for reward to only public…

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