| Case ID |
006fc3dc-f47e-4ed2-95ad-fa29d682002b |
| Body |
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| Case Number |
C.As. Nos.532 and 536 of 2003 |
| Decision Date |
May 13, 2009 |
| Hearing Date |
Apr 01, 2009 |
| Decision |
The Lahore High Court dismissed the appeals filed by both parties. The court held that the product, Aluminum Phosphide, could not be imported as the requisite registration certificate for the trade name was not provided. The court emphasized that until the trade name was registered in the country of manufacture, the product could not be imported in compliance with the law. The court found no jurisdictional error in the orders of the Collector of Customs and the Appellate Tribunal, which had declared the pesticide as banned due to lack of appropriate registration, and thus upheld the penalties and orders of confiscation. |
| Summary |
In the Lahore High Court case C.As. Nos.532 and 536 of 2003, the legal issues revolved around the importation of Aluminum Phosphide tablets under the Customs Act and the Agricultural Pesticides Ordinance. The court examined whether the product could be imported without the proper registration of its trade name in the country of manufacture. The petitioner, Messrs Shaikii Salim Ali (PVT.) LTD., argued that the pesticide was importable as it had been previously cleared and registered under different circumstances. However, the court upheld the earlier decisions of the Customs authorities, highlighting the necessity of compliance with legal requirements for importation. The ruling underscores the importance of regulatory adherence in international trade, particularly concerning agricultural products. Legal practitioners and businesses involved in the importation of pesticides must ensure that all necessary certifications and registrations are in place to avoid legal disputes. This case serves as a critical reminder for stakeholders about the complexities of trade regulations and the implications of non-compliance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
ALI AKBAR QURESHI
|
| Lawyers |
Mian Dilawar Mehmood
|
| Petitioners |
Messrs SHAIKII SALIM ALI (PVT.) LTD.
|
| Respondents |
another,
COLLECTOR OF CUSTOMS, LAHORE
|
| Citations |
2009 SLD 1353,
2009 PTD 1274
|
| Other Citations |
ICA No.375/2003,
Government of Pakistan through Ministry of Finance and 3 others v. Manzoor Brothers 1995 SCMR 516,
Messrs Dada Soap Factory Ltd. v. Pakistan through Secretary, Government of Pakistan, Ministry of Finance and 2 others PLD 1984 Kar. 302,
Messrs Muhammad Anwar Muhammad Iqbal Brothers Ltd. Karachi v. Collector of Customs and 3 others PLD 1976 Kar; 253,
Syed Ghulam Ali Shah v. The State through A.D.M. and Tribunal, Sanghar PLD 1970 SC 253,
Mst. Zahida Sattar and others v. Federation of Pakistan and others PLD 2002 SC 408
|
| Laws Involved |
Customs Act (IV of 1969),
Agricultural Pesticides Ordinance (II of 1971)
|
| Sections |
16,
4
|