Law:

Section:

Tobacco Marketing Control Rules, 1993--8. 6(3)---Constitution of Pakistan (1973), Arts. 18, 25 & 185(3)---Vires of R.6(3), Tobacco Marketing Control Rules, 1993 on the touchstone of Arts. 18 & 25 of the Constitution ---Vires of R.6(3), Tobacco Marketing Control Rules, 1993, requiring Tobacco Companies to supply copies of vouchers issued to growers to Pakistan Tobacco Board and concerned Bank branch were, assailed on the ground of being violative of Arts.18 & 25 of the Constitution which respectively guarantee freedom of trade and equal protection of law to citizens--­Rule 6(3), Tobacco Marketing Control Rules, 1993 could not be deemed to be discriminatory under Art.25 of the Constitution or contrary to freedom of trade guaranteed under Art.18 of the Constitution---Rule 6(3), Tobacco Marketing Control Rules, 1993 being regulatory in nature, present method and mode of payment of dues by petitioners (Tobacco companies) to growers of tobacco, in no way would prohibit or restrict carrying on of lawful trade of cigarettes, manufactured by tobacco companies---Contention that R.6(3), Tobacco Marketing Control Rules, 1993 had placed extra-financial burden on tobacco companies as instead of two copies of vouchers under the old practice, they would now be required to prepare four copies of the same while making payment to growers, was no ground to hold R.6(3), Tobacco Marketing Control Rules, 1993 to be unconstitutional and in contravention of right of freedom of trade guaranteed under Art.18 of the Constitution---No ground to interfere with of High Court was made out---Leave to appeal to Supreme Court was refused in circumstances. ---[Vires of legislation ). M. Sardar Khan, Advocate Supreme Court and K.G. Sabir, Advocate­on-Record (absent) for Petitioners. Fateh Muhammad Khan, Advocate Supreme Court for Respondent No. 1. Mian Hisamuddin, Advocate Supreme Court for Respondents Nos.3 and 4. Date of hearing: 11th March, 1998. ORDER SAIDUZZAMAN SIDDIQUI. J.---The. petitioners challenged the validity of sub-rule (31 added to rule 6 of Tobacco Marketing Control Rules, 1993 (hereinafter to be called as the Rules), through a petition filed before the Peshawar High…

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