MUHAMMAD AKBAR vs PROVINCE OF SINDH through Secretary, Cooperative Department S — 2023 PLD 142 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 142 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: MUHAMMAD AKBAR vs PROVINCE OF SINDH through Secretary, Cooperative Department S
Provisions referred to: S. 19---L; S. 19; Sindh Food Authority 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 AKBAR VS PROVINCE OF SINDH through Secretary, Cooperative Department S. 19---Licensing of food business---Scope---Petitioners being vendors or wholesalers of edible oil in open form assailed the notification issued by the Sindh Food Authority whereby sale of edible oil in open form was banned and their business' premises were sealed---No sealing orders were enclosed with the comments submitted on behalf of the respondents nor any material was placed on record to demonstrate the quality standards devised by the Sindh Food Authority in respect of edible oil as a logical precursor to the impugned notification---Subsequently, certain additional documents were filed which reflected that ban on the sale of oil/ghee in open form had been recommended by Scientific Panel of the Sindh Food Authority---Validity---So-called recommendation of the Scientific Panel was bereft of any real scientific basis/analysis---Imposition of ban in the absence of defined standards raised a question as to whether the step validly fell within the competence of the Sindh Food Authority---Respondents pointed out that the petitioners did not have a valid license as prescribed by S. 19(1) of the Sindh Food Authority Act, 2016---High Court observed that the petitioners had no legal standing to carry on any food business within the Province and lacked locus standi to challenge the impugned notification---Petitions were disposed of while maintaining an interim order for de-sealing the business' premises of the petitioners while leaving the Sindh Food Authority at liberty to exercise its powers under the Sindh Food Authority Act, 2016.

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