MUHAMMAD AMIR vs DEPARTMENT OF PLANT PROTECTION Rr — 2023 PLD 251 KARACHI-HIGH-COURT-SINDH

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

MUHAMMAD AMIR VS DEPARTMENT OF PLANT PROTECTION Rr. 8, 44, 46 (4) & 56---Import Policy Order, 2022, Sr. No. 78, Pt-IV---Plant and Plant Products, import of---Necessary documents---Petitioner was auction purchaser of consignment of Dark Red Kidney Beans---Plant Protection Authorities declined to issue Plant Protection Release Order (PPRO) as petitioner did not have Phytosanitary Certificate issued by concerned authority of exporting country, resultantly the consignment could not be released from the port---Validity---Consignment of Red Kidney Beans could only have been imported under Sr. No. 78, Pt-IV titled Import of Plant and Plant Products of the Import Policy Order, 2022, along with (i) Valid Import Permit issued by DPP (ii) Phytosanitary Certificate from National Plant Protection Organization (NPPO) of country of origin and Phytosanitary Certificate for re-export if the country of export was other than the country of origin, and (iii) compliance with food safety requirements---In absence of such essential requisites, respondent authority could not be compelled to provide Plant Protection Release Order-PPRO, nor an order for conducting phytosanitary inspection of the consignment at such stage could be passed as it would frustrate the entire scheme of law posing serious bio hazards---Plant protection and phytosanitary laws, rules, conventions and guidelines were put into place globally to protect indigenous plants and crops from pests and diseases that could accompany plants and plant products imported into the country of import, which would have ultimate effect on public health and could danger the eco- balance---Such regime was to ensure local plants, flora and fauna's protection and aimed to save crops from pests and diseases---It was for such public purpose that stringent border controls were created and phytosanitary standards were made compulsory at the highest levels in World Trade Organization (WTO)---Only option available to custom authorities in respect of such phytosanitary-offensive consignment would be that such consignments was confiscated, destroyed, or returned to the port of origin at the expense of the importer---Such goods could never be permitted to be let out to reach national soil or waters, resultantly the exercise to have the goods auctioned was not only illegal but also without any application of sound mind exhibiting complete lack of coordination between different organs of Custom authorities---High Court directed Custom authorities to have the consignment returned to port of origin at the expense of importer or in alternate, to have complete consignment destroyed and return auction amounts submitted by petitioner to him along with all taxes paid by him in such pursuit---Constitutional petition was dismissed, in circumstances.

MUHAMMAD AMIR vs DEPARTMENT OF PLANT PROTECTION Rr — 2023 PLD 251 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 PLD