2024 CLC 2077 KARACHI-HIGH-COURT-SINDH

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Sheikh ALI BAAKZA VS FEDERATION OF PAKISTAN through Secretary, Ministry of National Food Security and Research Department of Plant Protection, Government of Pakistan art. 199---Memorandum F.No.1-1/2020/DFSC-11/Senate dated 01-05-2024---Constitutional petition---Import of wheat---Cut off date for off-loading imported wheat---applicability---Petitioner / importer was aggrieved of notification issued by authorities imposing restriction on off-loading imported wheat after cut-off date---Plea raised by petitioner / importer was that wheat had been imported prior to cutoff date and was in the process of off-loading---Validity---Vessel had already arrived before cutoff date and had been duly inspected and fumigated by Plant Protection Department---Off-loading of cargo was merely a procedural event which naturally had to take time and could not be stopped in between in the manner as was attempted by authorities through impugned Memorandum F.No.1-1/2020/DFSC-11/Senate dated 01-05-2024---When it was decided that “imports” would not be allowed after 31-03-2024, then there was no occasion to make an attempt to substitute or replace it with “offloading” or “discharge” of cargo---Use of the word “imports” in earlier decision was clear and petitioner / importer's vessel had arrived and would mean that it had been imported---High Court set aside Office Memorandum F.No.1-1/2020/DFSC-11/Senate dated 01-5-2024 and other communications and directions issued to authorities to the extent of petitioner / importer---High Court directed the authorities that goods of petitioner / importer should be allowed to be discharged / offloaded and cleared from the port---Constitutional petition was allowed, in circumstances.

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