| Case ID |
eba6a5c6-1c38-4f25-8cd7-81bc4d0804ac |
| Body |
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| Case Number |
Civil Petitions Nos.2648 to 2650 of 2003 |
| Decision Date |
May 17, 2004 |
| Hearing Date |
May 17, 2004 |
| Decision |
The Supreme Court dismissed the civil petitions and miscellaneous applications, affirming that the Customs Authorities acted within their jurisdiction regarding the importation of betel nuts. The Court upheld the High Court's decision that the entire consignment could not be declared fit for human consumption based on the reported infestation level. The ruling emphasized the importance of public health and safety, indicating that the presence of even a small percentage of infestation could render the entire batch unfit. The Court noted the necessity for the importers to present credible evidence regarding the safety of their products, and determined that the reports submitted were insufficient to warrant the release of the goods. As a result, the petitioners were advised to seek relief through the appropriate legal channels, ensuring that public health concerns were prioritized. |
| Summary |
This case involves a significant ruling by the Supreme Court of Pakistan concerning the importation of betel nuts, which were found to be infested and consequently deemed unfit for human consumption. The case highlights the legal implications of public health regulations in the context of import trade, specifically under the Import Trade and Procedures Order, 2002-2003. The Court underscored the necessity of ensuring that imported food products meet safety standards to protect public health. The judgment referenced various laws, including the Qanun-e-Shahadat and the Constitution of Pakistan, which outline the responsibilities of importers and customs authorities in maintaining food safety. The ruling emphasizes the importance of credible scientific evidence in determining the fitness of food products for consumption and the role of the judiciary in safeguarding public health. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federation of Pakistan,
Collector of Customs,
Adeel-ur-Rehman,
Waseem-ur-Rehman,
Nisar Food Industries,
Shalimar Food Products
|
| Judges |
Nazim Hussain Siddiqui, C.J.,
Javed Iqbal,
Abdul Hameed Dogar
|
| Lawyers |
Dr. Babar Awan, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record,
Abdul Hafeez Pirzada, Senior Advocate Supreme Court,
M.M.S. Khattak, Advocate-on-Record,
Ms. Naheeda Mehboob Elahi, Advocate Supreme Court, Standing Counsel
|
| Petitioners |
Adeel-ur-Rehman,
Waseem-ur-Rehman,
Messrs Nisar Food Industries,
Messrs Shalimar Food Products
|
| Respondents |
Federation of Pakistan,
Collector of Customs
|
| Citations |
2005 SLD 439 = 2005 SCMR 1
|
| Other Citations |
Messrs Al-Hamd Edible Oil P. Ltd. v. Collector of Customs 2003.PTD 552,
Messrs Onkarlal Nandal v. State of Rajasthan AIR 1986 SC 2146,
Burmah Oil v. Trustees of the Port of Chittagong PLD 1962 SC 113,
H.M. Saya & Co. v. Wazir Ali Industries Ltd. PLD 1969 SC 65,
M.Y. Khan v. M.M. Aslam 1974 SCMR 196,
Fazle Ghafoor v. Chairman Tribunal Land Disputes 1993 SCMR 1073,
M.A. Rashid Rana v. Secretary Home, Government of Punjab 1996 SCMR 1145,
Gatron (Industries) Ltd. v. Government of Pakistan 1999 SCMR 1072
|
| Laws Involved |
Qanun-e-Shahadat, 1984,
Constitution of Pakistan, 1973,
Import Trade and Procedures Order, 2002-2003
|
| Sections |
129(e),
185(3),
Para.6, Appendix A
|