| Citation(s) |
|---|
| 2017 SLG 1619 2017 SLD 1619 2017 PLD 545 |
Lahore High Court
Writ Petition No. 25124 of 2015, heard on 27-01-2017
AYESHA A. MALIK, JUSTICE
M. Irfan Khan Ghaznavi for PetitionersMrs. Samia Khalid, AAG along with Muhammad Khurshid, Assistant Director (Legal), Punjab Food Authority, Lahore for
Respondents.
Writ Petition No. 25124 of 2015, heard on 27-01-2017
AYESHA A. MALIK, JUSTICE
M. Irfan Khan Ghaznavi for PetitionersMrs. Samia Khalid, AAG along with Muhammad Khurshid, Assistant Director (Legal), Punjab Food Authority, Lahore for
Respondents.
LUNG FUNG CHINESE RESTAURANT THROUGH ATIQ AHMED AND 2 OTHERSVSPUNJAB FOOD AUTHORITY THROUGH SECRETARY AND 6 OTHERS
Law: Punjab Food Authority Act, 2011
Section: 13,16,40,52
Law: Constitution of Pakistan, 1973
Section: 10-A.199
Punjab Food Authority Act (XVI of 2011)-- ---.----Ss. 13, 16, 40 & 52---.---Constitution of Pakistan, Arts. 10-A & 199---.---Constitutional petition---.---Punjab Food Authority---.---Powers of the Food Safety Officer---.---Improvement notice---.---Nature and exercise of powers under Ss.13 & 16 of the Punjab Food Authority Act, 2011---.---Distinction between nature of powers of Food Safety Officer under Ss. 13 & 16 of the Punjab Food Authority Act, 2011---.---Precautionary principle in food safety laws---.---Scope---.---Question before High Court was whether Punjab Food Authority and its Food Safety Officer(s) were required to issue notice and provide an opportunity of hearing before exercising powers of sealing premises under S.13(1)(c) of the Punjab Food Authority Act, 2011, and whether the said provision was ultra vires the Constitution---.---Validity---.---Contention that in order to invoke powers under S.13(1)(c) of the Punjab Food Authority Act 2011, the Food Safety Officer had to first issue improvement notice under S.16 of the Punjab Food Authority Act, 2011 before sealing premises, was misconceived as powers under said S.13 were independent of powers under S.16 of the Punjab Food Authority Act, 2011---.---Powers under S.16 of the Punjab Food Authority Act, 2011 were invoked when a food operator had failed to comply with provisions of the Punjab Food Authority Act, 2011, and rules and regulations thereunder, despite notice from a Food Safety Officer---.---Section 13 of the Punjab Food Authority Act, 2011 on the other hand authorized Food Safety Officer to carry out functions of regulating and monitoring the food business---.---Fundamental difference existed between Ss.13 & 16 of the Punjab Food Authority Act, 2011, in that the former was an enforcement mechanism while the latter was a regulatory tool allowing the Food Safety Officer to ensure that food provider provided safe food---.---Food Safety Officer could exercise powers under S.13 as well as under S.16 of the Punjab Food Authority Act, 2011, in different situations as neither section was dependent upon the other---.---Clear intent of the Legislature was to give the Food Safety…