Case Details

Citation(s)
2023 SLG 2089 2023 SLD 2089 = 2089 PLD 142
Sindh High Court
Constitutional Petitions Nos. D-3478 and D-418 of 2022, decided on 16th November, 2022.
Before Ahmed Ali M. Shaikh C.J. and Yousuf Ali Sayeed, J
Muhammad Qaiser Hassan Khan for the Intervener (in C.P. No. D-3487 of 2022). Date of hearing: 12th October, 2022.

MUHAMMAD AKBAR and others---Petitioners

VERSUS

PROVINCE OF SINDH through Secretary, Cooperative Department and others---Respondents

Law: Sindh Food Authority Act, 2016 (XIV of 2017)

Section: 19 , 7 , 7(2)

(a)   Sindh Food Authority Act, 2016 (XIV of 2017)---

----S. 19---Licensing of food business---Scope---Petitioners being vendors or wholesalers of edible oil in open form assailed the notification issued by the Sindh Food Authority whereby sale of edible oil in open form was banned and their business' premises were sealed---No sealing orders were enclosed with the comments submitted on behalf of the respondents nor any material was placed on record to demonstrate the quality standards devised by the Sindh Food Authority in respect of edible oil as a logical precursor to the impugned notification--Subsequently, certain additional documents were filed which reflected that ban on the sale of oil/ghee in open form had been recommended by Scientific Panel of the Sindh Food Authority---Validity---So-called recommendation of the Scientific Panel was bereft of any real scientific basis/analysis---Imposition of ban in the absence of defined standards raised a question as to whether the step validly fell within the competence of the Sindh Food Authority---Respondents pointed out that the petitioners did not have a valid license as prescribed by S. 19(1) of the Sindh Food Authority Act, 2016---High Court observed that the petitioners had no legal standing to carry on any food business within the Province and lacked locus standi to challenge the impugned notification---Petitions were disposed of while maintaining an interim order for de-sealing the business' premises of the petitioners while leaving the Sindh Food Authority at liberty to exercise its powers under the Sindh Food Authority Act, 2016.

Messrs Lung Fung Chinese Restaurant, Lahore and others v. Punjab Food Authority and others PLD 2021 SC 684 ref.

🔒
Continue readingLogin or create an account to access the complete content.Login / Register