821/2016 Suit Ayesha Solvent Plant (Pvt.) Limited (Plaintiff) V/S Federation of Pakistan & others (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 04-MAY-16
Pakistan Plant Quarantine Rules, 1976--- ----R. 8(1)(5)---Phytosanitary certificate---Place of origin, determination of---Principle---Goods in transit/re-export---Consignment in question consisted of soyabean of Brazil and US origin imported by an importer in Egypt and was off loaded at an Egyptian port---Relevant authorities of Brazil and USA had issued Phytosanitary certificates and on basis of same certificates, consignment was exported to Pakistan---Authorities declined to issue necessary plant protection release order in relation to consignment in question on the ground that origin of consignment was Egypt, not Brazil/USA therefore, Phytosanitary certificate had to be issued by Egypt, not Brazil/USA---Validity---Shipment from port of Egypt was being made after a delay of about six months and it might or might not be in transit---Provisions of R.8(1) of Pakistan Plant Quarantine Rules, 1967 required that such plant or plant material should carry official certificate from a plant quarantine authority of that country and did not only relate to a country where such plants or plant products were grown--- Place of origin varied according to situation and requirement of a Phytosanitary status---Place of origin under the Convention and Act referred to a place from where a consignment gained its Phytosanitary status where possibility of exposure to infestation or contamination of pests was evident and could not be ruled out---Place where commodity was grown was not always considered as place of origin---If a commodity was stored, its Phytosanitary status could change over a period of time as a result of its new location---In such cases, new location could change Phytosanitary status and might be considered as place of origin---Place of origin was dependent upon Phytosanitary status not place of growth---Commodity could gain its Phytosanitary status from more than one places and NPPO of all such countries providing certificates should decide about place or places of origin depending upon the situation that they had undergone which might have changed Phytosanitary status---Egypt was to be considered as place of origin for such shipment, and the definition of 'place of origin' in policy would not turn the situation unless such certificates were made available, authorities in Pakistan under Quarantine Act were justified in not issuing release order---In terms of R.8(5) Pakistan Plant Quarantine Rules, 1967, shipment arrived without certificate or declaration meant in R. 8(2) of Pakistan Plant Quarantine Rules, 1967 and with permit were liable to be confiscated or destroyed or to be returned to the port of origin at the expense of importer---Application was disposed of with order and observations by the High Court.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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