ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-548 of 2020

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For hearing of CMA No.2327/2020.

2. For hearing of main case.

(Notice issued)

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Friday, 29^th May 2020

Ms. Dilkhurram Shaheen, Advocate for Petitioner.

Mr. Muhabbat Hussain Awan, Advocate for Respondent No.1&2.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

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Learned Asst. Attorney General has drawn the attention of this Court to the order dated 04.12.2019 passed by the Entomologist Quarantine for Plant Protection Advisor & Director General, Department of Plant Protection, Ministry of National Food Security & Research (available at page 25 of Court’s file), which according to learned Asst. Attorney General, is self-explanatory, therefore, requests that in view of adverse report furnished in respect of the imported consignment of the petitioner, same cannot be allowed to be released to the petitioner for home consumption, or for industrial use as claimed by the petitioner, as there is likelihood that if, the same is allowed to be released, it will be used for home consumption and would cause serious injury to the health of public at large. It has been further prayed that in view of disputed facts agitated through instant petition, the same is otherwise liable to be dismissed.

While confronted with hereinabove submissions of learned Asst. Attorney General, learned counsel for the petitioner could not dispute such factual and legal position, however, submitted that subject consignment may be released for the purpose of industrial use only. We are not inclined to grant any discretionary relief to the petitioner when facts have been seriously disputed. Moreover, in view of adverse report regarding injurious to health, consignment of the petitioner, and the order already passed by the respondents on the basis of such report, no further indulgence is required.

Accordingly, instant petition stands dismissed alongwith listed application.

J U D G E