Law: Pakistan Plant Quarantine Rules, 2019

Section: 46

PLJ 2026 Karachi 19 (DB) Pakistan Plan Quarantine Rules, 2019-- ----R. 46--Import of betel nuts (areca nuts)--Aflatoxin level--Deducted--Confiscated--Destructed--Re-export--Phytosanitary certificate--Secon sample--In all petitions impugned order of confiscation, destruction or re-export of goods is premised on a single lab test--Since each consignment was supported by a phytosanitary certificate issued by Plant Protection Authority of exporting country, therefore, there was some force in submission that a second sample and lab test is justifiable to rule out any error in first lab test, or that first sample was not subsequently exposed to elements which accelerated build-up of aflatoxin by time that sample came to be tested--There was indeed an intervening period between taking of samples and their lab test--In view of foregoing, we direct DPP to take another sample from each consignment in presence of a representative of Petitioners and had it tested from another lab notified on panel of DPP at cost of Petitioners--Till such time, order of confiscation impugned in each petition shall remain suspended--Petition disposed of.           [Pp. 20 & 21] A & B Order Muhammad Jaffer Raza, J.--Petitioners have imported consignments of betel nuts (areca nuts). They are aggrieved of orders passed by the Department of Plant Protection [DPP] under Rule 46 of the Pakistan Plant Quarantine Rules, 2019 [Rules] for confiscation and destruction or re-export of their respective consignments. In each case such order has been passed upon a lab report finding that aflatoxin levels in the goods are beyond acceptable limits, thus making the goods unfit for human consumption. Learned counsel for Petitioners confine the relief to an order for suspending destruction or re-export of the goods until another lab test is conducted. They rely on similar orders passed by this Court from time to time. 2.       Heard learned counsel and perused the record.…