Law: Punjab Foodstuffs (Control) Act, 1958

Section: 3

Law: Constitution of Pakistan, 1973

Section: 18,25

Punjab Foodstuffs (Control) Act (XX of 1958)--- ----S. 3---Constitution of Pakistan, Arts. 18 & 25---Notification No. SO (F-1) 3-46/2020(W.E) dated 19.05.2022, Cl. VII---Vires of---New flour mill(s) , rights of---Supply of wheat stock to flour mills, regulation of---Discrimination---Notification No. SO (F-1) 3-46/2020 (W.E) dated 19.05.2022 was issued purportedly ( the Notification ) to ensure uninterrupted supply of wheat to flour mills and to stabilize its price in the market---Clause VII of the Notification stated that no new flour mill getting a license during the current release season shall be issued wheat from public stock for the purpose of grinding---Petitioners were flour mills owners who contended that the Cl. VII of the Notification was beyond the powers conferred under S.3 of the Punjab Foodstuffs (Control) Act, 1958 ( the Act 1958 ) and the restriction contained therein offended Arts. 8, 18 & 25 of the Constitution---Validity---Notification-in-question was primarily issued to ensure uninterrupted supply of wheat stock to the flour mills in order to stabilize the prices of flour in the market---Mandatory condition prescribed in this behalf was that wheat could be supplied to the approved functional flour mills having valid food-grains license---Said mandatory condition was fulfilled by the Petitioners---Grinding capacity had been duly determined by the department as per prescribed standard operating procedures---Clause IV of the policy contained in the Notification-in-question unequivocally stipulated that the Policy was subject to review after a period of one month, which indicated the need for periodic adjustment to cater the ever-changing market conditions---In said context, the only justification of imposing the impugned restriction appeared to be the convenience of the Department so that it might not have to frequently redistribute wheat quotas amongst the eligible flour mills---By doing so, the department had created two distinct classes of flour mills in terms of existing flour mills and newly established flour mills although both types of flour mills were otherwise eligible to receive the wheat quotas from public stock from the…

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