Law: Imports and Exports (Control) Act, 1950

Section: 3(i)

Law: Customs Act, 1969

Section: 31A

Imports and Exports (Control) Act (XXXIX of 1950)--- ----S. 3(i)---Export Policy Order, 2004---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Export of Urea and DAP fertilizer to Afghanistan---Ban imposed on such export after granting of export licence to petitioner---Validity---Vires of Notification imposing such ban had not' been challenged---Petitioner could not claim any vested right for all times to come to export such goods after imposition of ban by Government---Powers of Government to impose ban could not be curtailed on the ground that petitioner had entered into agreement for export, when there was no ban on export---Government had got ample powers to make appropriate decision for export of goods in accordance with local, domestic and national need of the country and thus it could change its policy according to local requirements---No mala fide in framing of policy had been proved on record---Petitioner could not claim legal right under such licence---High Court dismissed constitutional petition in circumstances. Amanullah Khan and Brothers v. Secretary, Ministry of Commerce and 4 others C.P. No. 210 of 2005 and Zamir Ahmed Khan v. Government of Pakistan and another 1978 SCMR 327 rel. ORDER MEHTA KAILASH NATH KOHLI, J.---Common questions of law are involved in these Constitutional Petitions bearing Nos.301, 577 and 727 of 2005 and are decided accordingly. Facts of the case in Constitutional Petition No.301 of 2005 are that petitioner-Traders was granted N.O.C. on 25th October, 2004 for export of 1,50,000 metric ton, of DAP fertilizer to Afghanistan, under the Export Policy Order, 2004 (EPO, 2004). It was also asserted that on the basis of same principle, N.O.C. for export of meat/beef to Afghanistan was also issued on 27th October, 2004 to be exported through authorized land route. It was alleged that petitioners-Traders made efforts for quality export meat, and thus; permission was granted by the Veterinary authorities to export the same through Takhtani Slaughter House. It was also stated that all efforts were made and initiative was given to Customs Department and other authorities for export of other articles. It was stated…

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