273/2023 Suit ISMAIL INDUSTRIES LIMITED (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant)
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
273/2023 Suit ISMAIL INDUSTRIES LIMITED (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 31-OCT-23
Plaintiff is seeking the release of a consignment of imported raw peanuts after court-tested Lab Reports observed levels of aflatoxin exceeded the permissible limit of 20 ppb enforced by the Department of Plant Protection. Pleadings sought relief based on errors in gathering samples for testing of aflatoxin levels sent to different Labs across Pakistan. Plaint did not impugn the testing standards of PPD, challenged sampling only (applying plant standards to food items), USDA procedure for aflatoxin thought adopted by DPP, not properly applied and pest (fungi) causing aflatoxin not codified. Plaintiff could not plead a different case. Challenge not set up in Plaint, argued orally, cannot help Plaintiff's cause when seeking discretionary relief. Single Judge Order not binding, distinguishable on facts, prima facie case not made out as Court-ordered Report confirming higher than allowable levels of aflatoxin in consignment not appealed or challenged.