WAJID ALI vs JUDICIAL MAGISTRATE, OKARA Ss — 2023 CLC 1055 LAHORE-HIGH-COURT-LAHORE

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WAJID ALI VS JUDICIAL MAGISTRATE, OKARA Ss. 13(1)(c), 18 & 31(2)---Constitution of Pakistan, Arts. 18, 23 & 25---Powers of Food Safety Officer (FSO) to seal premises under S.13(1)(c) of the Punjab Food Authority Act, 2011 ('the 2011 Act') ---Constitutionality and legality---Held, that nowhere has S.13(1)(c) of the Act, 2011 provided when the sealing power could be invoked---Further, the act of "sealing" is not supported by a remedial mechanism as in the case of seizure of food , therefore, there is no legal remedy available to a food operator/business after the premises has been sealed---There was also no provision for de-sealing under the Act 2011---Similar powers actually have been vested in the FSO under S.18 of the Act 2011 for passing emergency prohibition orders whereby a food operator could be restrained from carrying on food business---Difference was that within twenty-four hours the aggrieved party could approach the Food authority for its redressal against such order i.e. under S.18(2) of the Act, 2011---So-called sealing power under S.13(1)(c) amounted to frustrating section 18 as well as the scheme of the Act, 2011---In the absence of any legislative policy/guidelines clearly spelling out when the sealing could take place and there being no remedial process provided against sealing, the power of sealing in the hands of the FSO could easily be applied arbitrarily which could not be permitted under constitutional scheme, as any such act would offend fundamental rights under Arts. 18, 23 & 25 of the Constitution---Power of sealing of premises by the FSO , in its present form, was therefore ex-facie discriminatory---High Court set-aside the proceedings made by the respondent/FSO declaring the same as ultra vires, illegal and without any legal effect and directed the (FSO) to hand-over seized bags of Whey Powder being animal feed to the petitioner---Constitutional petition was allowed, in circumstances.

WAJID ALI vs JUDICIAL MAGISTRATE, OKARA Ss — 2023 CLC 1055 LAHORE-HIGH-COURT-LAHORE

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