| Citation(s) |
|---|
| 2004 SLG 729 2004 SLD 729 2004 PTD 534 |
Sindh High Court
C.P. Nos. D-703, D-704, D-770, D-914, D-934, D-1132, D-1133 and D-1134 of 2003, decision dated: 7-10-2003. dates of hearing: 16th, 17th and 23rd, September, 2003
S. AHMED SARWANA, JUSTICE MUHAMMAD MUJEEBULLAH SIDDIQUI, JUSTICE
Dr. Babar Awan, Saadat Yar Khan and Mazhar Jafri, Muhammad Salim, Haider Iqbal Wahniwal and Raja Qureshi for Petitioners. Nadeem Azhar Siddiqui, D.A.G. and Yawar Farooqui for
Respondents.
C.P. Nos. D-703, D-704, D-770, D-914, D-934, D-1132, D-1133 and D-1134 of 2003, decision dated: 7-10-2003. dates of hearing: 16th, 17th and 23rd, September, 2003
S. AHMED SARWANA, JUSTICE MUHAMMAD MUJEEBULLAH SIDDIQUI, JUSTICE
Dr. Babar Awan, Saadat Yar Khan and Mazhar Jafri, Muhammad Salim, Haider Iqbal Wahniwal and Raja Qureshi for Petitioners. Nadeem Azhar Siddiqui, D.A.G. and Yawar Farooqui for
Respondents.
ADEELUR-REHMAN AND OTHERS
VS
FEDERATION OF PAKISTAN AND OTHERS
Law: Customs Act, 1969
Section: Preamble
(a) Constitution of Pakistan (1973)---Arts. 9 & 14---Life and dignity of citizens---Duty of Court. It is the duty of the Court under Articles 9 and 14 of the Constitution to safeguard and preserve life and dignity of the citizens and protect them from serious and hazardous risks, so that they can live a happy and meaningful life. Ms. Shehla Zia v. WAPDA PLD 1994 SC 693 rel. (b) Customs Act (IV of 1969)--Preamble---Constitution of Pakistan (1973), Arts. 23, 24 & 199--Civil Procedure Code (V of 1908), S. 9---Constitutional petition--Imported betel nuts---Detention of consignment for examination of its quality---Refusal of Collector of Customs to release consignment for being unfit for human consumption as per microbiological reports obtained by him---Validity---Duty of Court to ensure that citizens were not deprived of their property except in accordance with law---Betel nuts were eaten with betel leaf while chewing pan and consumed with other ingredients---Petitioner (importer) could not be deprived of his property, if he was not doing anything interfering with or likely to interfere with rights of citizens guaranteed under the Constitution---Opinions on microbiological analysis of betel nuts were conflicting---Recording of evidence of specialists, who had conducted microbiological analysis of betel nuts was necessary to decide such issue---Such specialists had neither been examined nor subjected to cross-examination on microbiological state of betel nuts or feasibility of separation of infested from non-infested betel nuts---Expert evidence of clinical microbiolgoists and medical researchers was also imperative to decide question, whether such betel nuts were fit for human consumption or not---True picture of microbiological state of betel nuts and their effect on human health would be available before Court only after recording such evidence--Such exercise could only be done by filing a suit under general jurisdiction of Civil Court---High Court dismissed Constitutional petition lacing not maintainable. Ms. Shehla Zia v. WAPDA PLD 1994 SC 693 rel. (c) Constitution of Pakistan (1973)--- ----Art. 199---Disputed questions of facts---High Court does not…
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