| Case ID |
ecfa4677-a5ba-4542-8de2-7dcd49d72827 |
| Body |
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| Case Number |
Suit No. 821 of 2016 |
| Decision Date |
May 04, 2016 |
| Hearing Date |
Apr 20, 2016 |
| Decision |
The Sindh High Court ruled on the matter concerning the refusal of the plant protection release order for a consignment of soybean imported from Brazil and the USA but transited through Egypt. The court determined that the origin of the consignment was crucial to ascertain the validity of the phytosanitary certificates provided. The court held that since the consignment had been in transit for six months in Egypt, the NPPO of Egypt was required to issue a phytosanitary certificate confirming the health status of the goods. The court noted that the validity of the phytosanitary certificate was pivotal to the release of the consignment and concluded that without the necessary certificates from the NPPO of Egypt, the authorities in Pakistan were justified in withholding the release order. The application was disposed of with clear directives to ascertain the phytosanitary status and ensure compliance with the relevant laws. |
| Summary |
In the case of AYESHA SOLVENT PLANT (PVT) LTD. vs. FEDERATION OF PAKISTAN, the Sindh High Court addressed significant issues surrounding the importation of soybean from Brazil and the USA, which was transited through Egypt. The primary contention arose from the refusal of the plant protection release order by the authorities based on the claim that the origin of the consignment was Egypt, not Brazil or the USA. The court emphasized the importance of phytosanitary certificates in international trade, particularly under the Pakistan Plant Quarantine Rules, 1976. The ruling highlighted that the NPPO of Egypt must confirm the phytosanitary status due to the extended transit duration, thereby affecting the consignment's health certification. This case underscores the complexities of international agricultural trade and the stringent regulations that govern the importation of goods to ensure pest and disease control. It serves as a pivotal reference for future cases involving similar legal and regulatory frameworks. |
| Court |
Sindh High Court
|
| Entities Involved |
FEDERATION OF PAKISTAN,
AYESHA SOLVENT PLANT (PVT) LTD.,
NATIONAL FOOD SECURITY AND RESEARCH
|
| Judges |
MOHAMMAD SHAFI SIDDIQUI
|
| Lawyers |
Khalid Jawed Khan for Plaintiff,
Salman Talib-ud-Din, Addl. Attorney General for Defendant No. 1,
Kashif Nazir for Defendant No. 3
|
| Petitioners |
AYESHA SOLVENT PLANT (PVT) LTD. THROUGH ATTORNEY
|
| Respondents |
,
Defendant No. 3,
FEDERATION OF PAKISTAN THROUGH SECRETARY, NATIONAL FOOD SECURITY AND RESEARCH
|
| Citations |
2016 SLD 2386,
2016 PLD 532
|
| Other Citations |
PLD 1994 SC 693,
2002 SCMR 1694
|
| Laws Involved |
Pakistan Plant Quarantine Rules, 1976
|
| Sections |
R. 8(1)(5)
|