Case Details

Citation(s)
1998 SLG 1471 1998 SLD 1471 1998 CLC 1784
Quetta High Court
Constitutional Petition No.366 of 1997, decision dated: 6-03-1998
MIR MUHAMMAD NAWAZ MARRI AND, JAVED IQBAL, JJ
Muhammad Nawaz Khan Barakzai for Petitioner. Noor Muhammad Achakzai, Addl. A.G. for
Respondents

Haji MUHAMMAD AFZAL

VS

SECRETARY, FOREST DEPARTMENT, GOVERNMENT OF BALOCHISTAN, Quetta court and 2 others

Law:

Section:

(a) Balochistan Forest Regulations, 1890-------Reglns. 15, 16 & 2(7)---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Import of timber from Afghanistan---Forest permit--­Necessity---Importer of timber from Afghanistan had paid Customs Duty and completed other formalities when Forest Officer apprehended his trucks loaded with imported timber demanding Rs.3,000 per truck as fine---Importer, after payment of such fine got his trucks released---Validity---Timber from Afghanistan was although "Forest Product" but provisions as contained in Balochistan Forest Regulations, 1890, could not be extended to Forest located in Afghanistan and "Forest Product" imported from Afghanistan---Forest permit would be necessary for that timber or Forest Product which was brought from any forest located within territorial domain of Pakistan and not from any other country---Imported timber or Forest Product after payment of Customs Duty could be deemed to be validly imported material, therefore, question of imposition of any fine would not arise---Fine imposed on imported Timber/Forest Product could not be considered as royalty for no such notification whatsoever had been issued by Government empowering Forest Department to collect such royalty---Imposition of fine amounting to Rs.3,000 per truck by Forest Department under name of "Royalty" was, thus, without any legal authority and in contravention of relevant provision of Balochistan Forest Regulations, 1890---Forest Department was directed to reimburse fine collected from importer subject to production of receipt duly issued by Forest Department at the time of realization of fine. (b) Balochistan Forest Regulations, 1890--- ----Regln. 2(7)---Word "brought" as used in S.2(7)(b), Balochistan Forest Regulations, 1890---Connotation---Word "brought" as used in S.2(7), Balochistan Forest Regulations, 1890, was neither synonymous nor interchangeable with that of "importer" which conveyed meaning of bringing something from outside the country by following prescribed procedure under relevant law. ---[Words and phrases]. (c) Interpretation of statutes--- ---- Where words in a statute were clear and unambiguous they…
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