Law: Customs Act, 1969

Section: 79

Customs Act (IV of 1969)--Ss. 79, 80 & 83(1)---Agricultural Pesticide Ordinance (II Of 1971), Ss. 5, 6, 7, 8 & 9---Agricultural Pesticide Rules, 1973, R.9-A---Poisons Act (XII of 1919), Ss. 3 & 5---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Import- of pesticides---Refusal of Director General, Ministry of Agriculture to renew certificate for import of pesticide for not being registered abroad---Refusal of Customs authorities to release consignment for want of NOC/Registration Certificate from Director General Agriculture---Validity---Before renewal of certificate of import, factual probe would be required in accordance with provisions of R.9-A of Agricultural Pesticide Rules, 1973---Petitioner was neither given personal proper hearing nor confronted with information received by Director General from Australia and China, on the basis whereof renewal of certificate was refused---Agricultural Pesticide Ordinance, 1971 was in addition to and not in derogation of provisions of Ss. 3 & 5 of Poisons Act, 1919, which had not been considered at all---Director General was required to pass a speaking order---High Court set aside order of Director General rejecting renewal of certificate for import of pesticide registered abroad with directions to him to decide such. issue after conducting a fresh probe into entire matter and considering documentary evidence and details as required under R.9-A(5) read with sub-rules (1) to (4) of R.9-A of Agricultural Pesticide Rules, 1973 and proof of compliance of conditions specified in Form-17 of the Rules furnished by petitioner and confronting petitioner with information received from Australia and China and examine the provisions of Ss. 3 & 5 of Poisons Act, 1919 and notification/Rules, if any made thereunder. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---Briefly stated the relevant facts as stated in the memo. of petition are that the petitioner a Private Limited Company engaged in the import and distribution of pesticides and weedcide got a weedcide under the brand name of "LASHER 25% WP" registered in its name. Certificate was issued in this…

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