| Case ID |
0e1e0645-8ce4-4310-a452-f7d96fda984b |
| Body |
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| Case Number |
Writ Petition No.12205 of 2021 |
| Decision Date |
Nov 21, 2022 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the proceedings conducted by the Food Safety Officer (FSO) under section 13(1)(c) of the Punjab Food Authority Act, 2011, declaring them unconstitutional and illegal. The court emphasized that the FSO's sealing powers were discriminatory and lacked a legislative framework, violating fundamental rights under Articles 18, 23, and 25 of the Constitution of Pakistan. The court directed the FSO to return the 410 bags of Whey Powder to the petitioner, thus allowing the constitutional petition. |
| Summary |
In the case of Wajid Ali vs. Judicial Magistrate, Okara, the Lahore High Court addressed the legality of the sealing powers of the Food Safety Officer under the Punjab Food Authority Act, 2011. The petitioner challenged the actions taken on November 5, 2020, when the FSO sealed the Dairy Farm and seized 410 bags of Whey Powder, which the petitioner argued was animal feed and not intended for human consumption. The court examined the provisions of the Act, particularly section 13(1)(c), and found that it did not specify when the sealing power could be exercised, leading to arbitrary enforcement. The court highlighted the lack of a remedial mechanism for food operators post-sealing, rendering the FSO's actions unconstitutional. This case emphasizes the need for clear legislative guidelines to prevent abuse of power by regulatory authorities and protect fundamental rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Food Authority,
Fat Rendering Unit,
Dairy Farm
|
| Judges |
Sardar Muhammad Sarfraz Dogar
|
| Lawyers |
Akhtar Hussain Bhatti,
Ahmad Masood Gujjar, A.A.G
|
| Petitioners |
Wajid Ali
|
| Respondents |
2 others,
Judicial Magistrate, Okara
|
| Citations |
2023 CLC 1055,
2023 SLD 1503
|
| Other Citations |
Messrs Lung Fung Chinese Restaurant, Lahore and others v. Punjab Food Authority and others PLD 2021 SC 684
|
| Laws Involved |
Punjab Food Authority Act, 2011,
Constitution of Pakistan, 1973
|
| Sections |
13(1)(c),
18,
31(2),
18,
23,
25
|