| Case ID |
38fccf1b-b58b-415c-b72e-46231ec43834 |
| Body |
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| Case Number |
W.P. No. 25124 of 2015 |
| Decision Date |
Jan 27, 2017 |
| Hearing Date |
Jan 27, 2017 |
| Decision |
The Lahore High Court dismissed the petition challenging the vires of certain clauses of the Punjab Food Authority Act, 2011. The court emphasized the necessity of the Food Safety Officer (FSO) to act swiftly in ensuring public health and safety, allowing for immediate sealing of premises suspected of violating food safety standards without prior notice. The court upheld that the powers granted to the FSO under Section 13 of the Act are essential for protecting the public from unsafe food and that the actions taken were in line with the precautionary principle, which prioritizes public health over individual rights in cases of imminent threat. The court also noted that the petitioners' arguments regarding the lack of due process were unfounded, as the law provides mechanisms for appeal against the FSO's actions. |
| Summary |
The case revolves around the constitutionality of the Punjab Food Authority Act, 2011, particularly concerning the powers of Food Safety Officers (FSOs) to seal food business premises. The petitioners argued that the sealing of Lung Fung Chinese Restaurant was done without due process and violated principles of natural justice. The Lahore High Court ruled that the FSOs have the necessary authority to act without prior notice in order to protect public health. The court highlighted that the precautionary principle justifies such actions in the interest of public safety. This case underscores the balance between individual rights and public health responsibilities, confirming that food safety regulations are essential for safeguarding consumers. Keywords: Punjab Food Authority, food safety, due process, Lahore High Court, public health, natural justice, precautionary principle, food business regulations. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Food Authority,
Lung Fung Chinese Restaurant
|
| Judges |
MRS. AYESHA A. MALIK, J.
|
| Lawyers |
Mr. M. Irfan Khan Ghaznavi,
Mrs. Samia Khalid
|
| Petitioners |
LUNG FUNG CHINESE RESTAURANT
|
| Respondents |
PUNJAB FOOD AUTHORITY
|
| Citations |
2017 SLD 1250,
2017 PLJ 574
|
| Other Citations |
2005 SCMR 186,
PLD 2005 Peshawar 25,
2007 YLR 1618,
2012 SCMR 619
|
| Laws Involved |
Punjab Food Authority Act, 2011,
Constitution of Pakistan, 1973
|
| Sections |
13(1),
40(3)(4),
50,
199,
10-A
|