| Citation(s) |
|---|
| 2005 SLG 439 2005 SLD 439 2005 SCMR 1 |
Supreme Court of Pakistan
Civil Petitions Nos.2648 to 2650 of 2003 and Civil Miscellaneous Applications Nos.3165 and 3167 of 2003 in Civil Petition No. Nil of 2003, decision dated: 17-05-2004, hearing DATE : 17-05-2004. (On appeal from the judgment, dated 7-10-2003 of High Court o
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Dr. Babar Awan, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioners (in C.Ps. Nos.2648 to 2650 of 2003). Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court with Mehr Khan Malik, Advocate-on-Record for Applicants (in C
Civil Petitions Nos.2648 to 2650 of 2003 and Civil Miscellaneous Applications Nos.3165 and 3167 of 2003 in Civil Petition No. Nil of 2003, decision dated: 17-05-2004, hearing DATE : 17-05-2004. (On appeal from the judgment, dated 7-10-2003 of High Court o
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Dr. Babar Awan, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioners (in C.Ps. Nos.2648 to 2650 of 2003). Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court with Mehr Khan Malik, Advocate-on-Record for Applicants (in C
ADEELUR-REHMAN and others
VS
FEDERATION OF PAKISTAN and others
Law: Qanun-e-Shahadat (10 of 1984)
Section: 129(e)
Law: Qanun-e-Shahadat (10 of 1984)
Section: 129(e)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Import Trade and Procedures Order, 2002-2003
Section: Para.6,AppendixA
(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(e)---Official acts---Presumption---Although presumption of regularity is attached to official acts and documents yet when genuineness of documents is doubtful, the Court has power to look into their correctness and validity. Ch. Pervaiz Elahi v. Province of Punjab PLD 1993 Lah. 595 ref. (b) Good governance--- ---- Public health---Principle---Question of public health cannot be left at the discretion of persons who, for their vested interest, can go to any extent. (c) Import Trade and Procedures Order, 2002-2003--- ----Para.6, Appendix A---Customs Rules, 2001, R.226(7)---Pakistan Customs Tariff Heading 0802.9010---Notification S.R.O. 450(I)2001, dated 18.6.2001---Constitution of Pakistan (1973), Art. 185(3)---Betel nuts, import of---Infested consignment not fit for human consumption--¬Authorities declined to release the consignments of importers for, the reason that according -to laboratory reports the came were infested to varying degrees and were not fit for human consumption---Plea raised by the importers was that on the basis of 9.10% infestation, the Authorities could not declare the entire consignment unfit for human consumption--¬Further plea raised by the importers was that by appropriate process the infestation could be removed and remaining 90.90% consignment could be made fit for human consumption---Validity---According to Pakistan Customs Tariff, betel nuts were covered under Heading 0802.9010 as edible product---All edible products which were not fit for human consumption were banned items as mentioned in Negative List in Appendix A of Import Policy issued under Para.6 of Import Trade and Procedures Order 2002-2003 which restricted import of such items--¬Importers had conceded before High Court that 9.10% of infested consignment could not be segregated visually from the entire consignment; segregation could only be made by cutting each betel nut into two parts; and monitoring of separation was not possible---In view of such admission, the test reports (procured by importers) could not be straightaway believed and further investigation about propriety and correctness of report was necessary and same…
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