Case Details

Citation(s)
2018 SLG 2671 2018 SLD 2671 2018 CLD 1470
Islamabad High Court
W.P. No. 1671 of 2018, decision Dated: 04-09-2018
MOHSIN AKHTAR KAYANI, JUSTICE
Petitioner(s) by: Khawaja Azhar Rasheed
Respondent(s) by: Raja Muhammad Iqbal, Mian Muhammad Faisal Irfan, A.A.G., Muhammad Ahmed, Section Officer, M/o Commerce, Faiz Ali, Additional Collector, MCC, Peshawar and Jamil Shah, Law Officer Supdt. MCC, Peshaw

M/S. HANI TRADING COMPANY

VS

MINISTRY OF COMMERCE through Secretary, Islamabad and others

Law: Import Policy Order, 2016

Section: 4,12

(a) Import Policy Order, 2016--- ----Cls. 4 & 12---Export Policy Order, 2016---Livestock, import and export---Principle was given permission by authorities to import different livestock but subsequently permission was withdrawn by the authorities---Plea raised by petitioner was that temporary import-cum-export of goods could not be withdrawn---Validity---Import of live animals was permitted in Pakistan subject to quarantine requirements of Animal Quarantine Department of Ministry of National Food Security and Research, Government of Pakistan---Temporary import-cum-export of goods provided mechanism for those goods which were routed through Pakistan and notified under Import Policy Order, 2016---In order to achieve objectives under provision of temporary import-cum-export of goods, importer had to notify his intention to take benefit of said provision had imported sheep and livestock to Pakistan and his intention was reflected in two goods declarations filed by him and attached with petition before High Court whereby, country of destination referred in column No. 20 was Pakistan and even in column No. 28, place of delivery was Pakistan, therefore, no other meaning could be abstracted---Export of goods was to be dealt under Export Policy Order, 2016 wherein livestock fell within banned goods or items and letter dated 9-1-2018 was based only on provision of Import Policy Order, 2016 and same could not be considered as permission to export---Export of livestock in question was banned and petitioner's claim regarding export of livestock was not maintainable---Constitutional petition was dismissed in circumstances. (b) Interpretation of statutes--- ----Words used in a statute---Meaning---Principle---When meaning of any statute is clear and plain language of statute requires no other interpretation, then intention of Legislature conveyed through such language has to be given full effect---Plain and unambiguous words must be expounded in their natural and ordinary sense. Abdul Jabbar v. Chairman NAB PLD 2016 Pesh. 298; PIAC Karachi v. Wafaqi Mohtashib 1998 SCMR 841; Ghulam Haider and others v. Murad PLD 2012 SC 501 and Baz Muhammad Kakar and others v. Federation of…
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