OUTDOORSMAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Commerce, Islamabad Notification SRO No — 2022 PTD 539 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PTD 539 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PTD
Parties: OUTDOORSMAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Commerce, Islamabad Notification SRO No
Subject matter: Constitutional
Provisions referred to: Sindh Arms Act (V of 2013)

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

OUTDOORSMAN VS FEDERATION OF PAKISTAN through Secretary Ministry of Commerce, Islamabad Notification SRO No.772(I)/2018, dated 14-6-2018---Sindh Arms Act (V of 2013), Ss.4, 5, 9 & 10---Constitution of Pakistan, Art.199---Import of arms by dealer---Necessary requirements---Petitioner was an arms dealer who imported arms from abroad---Provincial Government Home Department declined to clear the consignment on the ground that petitioner did not have any permission to import weapons---Validity---All that was required was a dealership licence and certificate from Original Equipment Manufacturer (OEM) in case of import directly from OEM---Otherwise a certificate was required from any of the prescribed Pre-shipment Inspection Companies (PSI) as listed in Appendix-H of Import Policy Order to demonstrate weapons' nomenclature, caliber and / or bore or gauge or weapon manufacturing logo, weapon serial number embossed thereon and other related information---Importability of such consignments was only recognized through air and sea---Such conditions were satisfied by petitioner as far as customs department was concerned---High Court set aside demand of Provincial Government for presenting of an import authorization as a separate 'import licence' for arms and ammunition as such demand was not supported by law and was contrary to Import Policy Order, 2016 and Import Policy Order, 2020---Constitutional petition was allowed, in circumstances.

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