PROVINCE OF PUNJAB through Secretary Agriculture Department, Lahore vs SALEEM IJAZ Ss — 2023 SCMR 774 SUPREME-COURT

Case information

Citation: 2023 SCMR 774 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: PROVINCE OF PUNJAB through Secretary Agriculture Department, Lahore vs SALEEM IJAZ Ss
Provisions referred to: Pakistan National Accreditation Council Act (VI of 2017); Agricultural Pesticides Ordinance; Pakistan National Accreditation Council 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

PROVINCE OF PUNJAB through Secretary Agriculture Department, Lahore VS SALEEM IJAZ Ss. 13, 16 & 17---Pakistan National Accreditation Council Act (VI of 2017), Ss. 4(a) & 4(d)---Punjab Agricultural Pesticides Rules, 2018, R. 22---Pesticide laboratory---Accreditation and certification---Rule 22 of the Punjab Agricultural Pesticides Rules, 2018 ('the 2018 Rules'), vires of---Laboratories (in Pakistan) can only be accredited or certified by Pakistan National Accreditation Council ("PNAC")---Rule 22 of the 2018 Rules to the extent where it requires that the pesticide laboratory shall be duly certified by ISO is not reconcilable with Section 13 of the Agricultural Pesticides Ordinance, 1971, and section 4 of the Pakistan National Accreditation Council Act, 2017 ('the 2017 Act')---Applying the principle of reading down, the Supreme Court saved the legality of Rule 22 of the 2018 Rules by directing that that the phrase "the pesticide laboratory shall be duly certified by International Organizations for Standardization (ISO)" is to be read down to mean that the pesticide laboratory shall follow the national and international standards as accredited by Pakistan National Accreditation Council ("PNAC") under 2017 Act.

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