ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-7135 of 2019

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For hearing of CMA No.31598/2019.

2. For hearing of main case.

(Notice issued)

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12^th December 2019

Mr. Abdul Sattar Pirzada, Advocate for Petitioner.

Mr. Muhammad Khalil Dogar, Advocate for Respondent.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General

S. Muzammil Hussain, Entomologist, Department of Plant Protection, is present in Court.

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Pursuant to Court’s directions, compliance report has been furnished by the Department of Plants & Protection on 04.12.2019 alongwith reports from the Department of Plant Protection, Ministry of National Food Security & Research, Government of Pakistan and National Institute of Biotechnology and Genetic Engineering (NIBGE), Faisalabad, which are taken on record. Whereas, the contents of compliance report furnished by respondent No.5 are reproduced hereunder for the sake of record: -

“It is humbly submitted that pursuant to the Honourable High Court of Sindh at Karachi Order dated 07-11-2019 in the instant petitions, Mr. Syed Muzammil Hussain, the authorized officer of the Department of Plant Protection drew samples of betel nut from the petitioner consignments in the presence of Customs Department and the petitioners representative on 14-11-2019.

Accordingly, the authorized officer of the Department of Plant Protection sent the said betel nut samples to National Institute of Biotechnology and Genetic Engineering (NIBGE) Laboratory, Faisalabad, in order to determine the aflatoxin level in them.

Subsequently, the said laboratory analyzed the betel nut samples of petitioners consignments for aflatoxin level and issued eport to the Department of Plant Protection. The analysis reports issued are 12.43 and qualified.”

2. Learned counsel for the petitioner submitted that there remains no legal impediment, after receipt of reports from both the Laboratories, in release of the consignments of betel nut imported by the petitioner, which is now certified to be fit for human consumption, therefore, requested that instant petition may be allowed with the directions to the respondents to release such consignment without further loss of time.

3. From perusal of the above compliance report furnished bvy the respondents and the reports of aforesaid recognized Laboratory, it appears that Aflatoxin level in the consignment of the petitioner is not detected, whereas, the Department of Plant and Protection has already issued their approval in this regard. While confronted with hereinabove, learned counsel for the respondents alongwith officer of Customs and the learned Asst. Attorney General could not dispute such factual position, nor did oppose disposal of instant petition in above terms. It has been, however, contended that the Customs Authorities acted in good-faith in order to ensure that consignment of betel nut imported by the petitioner is not hazardous to human health and the same is fit for human consumption.

4. Accordingly, instant petition stands disposed of alongwith listed application with the directions to the respondents to release the consignment of the petitioner within a week and submit compliance report through MIT, whereas, request of the petitioner for issuance of delay and detention certificate shall also be considered in accordance with law.

J U D G E