Law: Constitution of Pakistan, 1973

Section: 9,18,199

Law: Pure Food Ordinance, 1960

Section: 5,11

Law: Sindh Pure Foods Rules, 1965

Section: R.11

Law: Sindh Pure Food Ordinance (VII of 1960)

Section: 2(9)(i)(ii)(iii),11,12,13,14,15,16,16(1)

(a) Constitution of Pakistan--- ----Art.9---Security of person---Word 'life' in Art.9 of the Constitution---Connotation---Word 'life' is not limited to mere breathing but demands much more from the State---"Life" includes an action by the State to remove all threats likely to abridge such guarantees. (b) Constitution of Pakistan--- ----Art.18---Lawful trade / business---Livelihood, earning of---Scope---Protection of Art. 18 of the Constitution is available to 'lawful trade/business' which is even subject to certain limitations---Plea of earning livelihood or dependency of number of persons in a business alone does not entitle one to get protection of Art.18 of the Constitution---Such pleas are always available for one committing patent crime even therefore, protection of Art.18 of the Constitution is deliberated worded in specific words whereby such protection can only be claimed if one satisfies co-existence of two conditions i.e. (i) business / trade must be lawful; and (ii) person doing it, must follow the relevant laws, regulating such business / trade---Fulfilling first condition is mandatory while exception can be to second condition because failure to follow regulations can result in bringing penal clauses into operation---Fulfilling of requirements subsequently even may satisfy second condition but lacking or deficiency of second condition cannot declare lawful trade/business as 'unlawful'---Mere self-imagination of being governed under a particular law alone does not turn an unlawful business into lawful. Arshad Mehmood's case PLD 2005 SC 193 rel. (c) Sindh Pure Food Ordinance (VII of 1960)--- ----Ss.2(9)(i)(ii)(iii), 11, 12, 13, 14, 15 & 16---Adulterated food---Duties of authorities---Chaaliya Masala and Gutka/Mainpuri etc.---Petitioners were aggrieved of actions done by authorities in a campaign against manufacturing/preparation and sale of Gutka/Mainpuri etc---Validity---Tobacco Pan Masala was always included in food additives (S.2(9)(i)(ii)(iii) of Sindh Pure Food Ordinance, 1960) and it was offered for consumption by human, therefore, the same was required to be regulated by laws relating to safety and standard of all such things likely to offer…

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