MUHAMMAD FAYYAZ vs FEDERATION OF PAKISTAN S — 2022 PTD 399 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PTD 399 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PTD
Parties: MUHAMMAD FAYYAZ vs FEDERATION OF PAKISTAN S
Subject matter: Criminal
Provisions referred to: S. 70---C; S. 70; Anti-Dumping Duties Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD FAYYAZ VS FEDERATION OF PAKISTAN S.70---Constitution of Pakistan, Art.18---Freedom of trade, business or profession---Appeal to Appellate Tribunal---Temporary injunction, grant of---Stop-gap arrangement---Scope---Petitioner complained of coercive measures being adopted by respondents under the garb of impugned notices and contended that his fundamental rights of trade and business guaranteed under Art. 18 of the Constitution would be infringed---Validity---High Court as a stop-gap arrangement granted temporary relief to the petitioner by directing Appellate Tribunal to decide the appeal of petitioner in accordance with law, within a period specified under the Anti-Dumping Duties Act, 2015---Tribunal was also directed to decide the interim relief application of the petitioner at the first instance preferably within a period of one week---Till decision of application for interim relief by the Appellate Tribunal, no coercive measure was to be taken against the petitioner---Constitutional petition was disposed of accordingly. Ss.70 & 73---appeal to appellate Tribunal---Power of the appellate Tribunal to call for and examine record---Scope---Section 73 of the anti-Dumping Duties act, 2015, clearly states that the Tribunal shall handle appeals as priority and issue direction within 30 days by giving day to day hearing as per S.70(6) of the act---Tribunal may pass order if it thinks fit while examining appeal under S. 70(7) and shall give decision in writing/detailing the issue raised in the appeal with the reasons as provided under S. 70(1)---after decision on the stay application as well as the appeal the Tribunal shall provide copy of the order, which is appealable under S. 70(13) before High Court within 90 days.

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