Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3)---West Pakistan Pure Food Ordinance (VII of 1960), Preamble---Cantonments Pure Food Act (XVI of 1966), Preamble---Leave to appeal was granted to examine the overlapping of the provisions of two statutes resulting in some conflict in their execution. (b) Interpretation of statutes- ---- Repugnancy in two statutes---Test of repugnancy was that the two provisions of law were irreconcilable and could not co-exist. (c) Constitution of Pakistan (1973)--- ----Art.143---West Pakistan Pure Food Ordinance (VII of 1960), Preamble--­Cantonments Pure Food Act (XVI of 1966), Preamble---Inconsistency between Federal and Provincial Laws---Clear cut overlapping of jurisdiction of the functionaries under West Pakistan Pure Food Ordinance, 1960 (Provincial Statute) and Cantonments Pure Food Act, 1966 (Federal Statute) was likely to result in divergent actions and conflicting orders and it was not possible to harmonize the provisions of the two enactments and remove the inconsistency---Two enactments, thus, could not co-exist---West Pakistan Pure Food Ordinance, 1960 being a provincial statute, so far as Cantonment area was concerned, was to give way to the Cantonments Pure Food Act, 1966 which was a Federal Statute. JUDGMENT MUHAMMAD AFZAL LONE; J.---The facts constituting the background of this litigation are that in N.-W.F.P. on the subject of preparation, adulteration of food and ancillary matters, there are two enactments in the field, one is the piece of provincial legislation formerly known as West Pakistan Pure Food Ordinance, 1960, now called N: W.F.P. Pure Food Ordinance, 1960, which applies to the N.-W.F.P. Province including Chitral, Dir, Kalam, Swat and Malakand Protected areas; the other Statute is the Cantonments Pure Food Act, 1966 enacted by the Federal Legislature and extended to all the Cantonments in Pakistan. It is discernible from the record that the District Sanitary and Food Inspector, Peshawar, respondent No. 1 herein, who is functionary under the Pure Food Ordinance, attempted to carry into execution and enforce its provisions in the Cantonment Area, Peshawar, to which the appellant/Board objected in…

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