SARDAR MUHAMMAD SARFRAZ DOG AR, J.---- In terms of the instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners M/s. Sona Chemicals, M/s. Topsun Chemicals Enterprises and M/s. Sino Pak Chemicals through their Chief Executive Muhammad Abobakar Sadique Akbar have assailed the vires of Notification/Letter No.13618/T ech. dated 20.12.2019 issued by respondent No.2, whereby , petitioner's license for distribution of fertilizer products i.e. Ammex, Avoxa and Solevo was cancelled.
2. It is argued by learned counsel for the petitioners that the petitioners are registered distributors and respondent No.2 has no lawful authority and power to cancel their registration certificate via impugned Notification/letter without any notice and right of hearing to the petitioners. Further adds that the petitioners have duly obtained the license for running their business and the same has also been extended from time to time but now through the impugned Notification/letter the said license has been cancelled without any legal justification and giving any notice or hearing to them; that under Article 18 of the Punjab Fertilizer (Control) Order , 1973,.the license can only be cancelled if the license holder is found guilty of malpractice involving adulteration or any other activity but in this case no such ground has been attributed to the petitioners by respondent No.2 while cancelling the registration of their license due to which the petitioners fundamental right of business and trade as enshrined in Article 18 of the Constitution has been violated. He prayed for setting aside the impugned Notification/Letter dated 20.12.2019.
3. On the other hand, learned AAG has opposed the contentions raised by learned counsel for the petitioners.
4. Arguments heard. Record perused.
5. At the outset, it will be expedient to reproduce the provisions of Section 18(4) of the Punjab Fertilizers (Control)
Order , 1973 as under:- "(4) No person shall manufacture, formulate, distribute, store, sell and offer for sale zinc sulphate, growth regulators, soil amendments, soil conditioners other micro nutrients and such other material which is not a standard fertilizer but notified by the Agriculture Department Government of the Punjab, as a fertilizer , without obtaining a license from the Controller ."
The word "controller" as defined in section 2(a) of the Punjab Essential Articles (Control) Ordinance, 1973, means the Controller of Prices and Supplies appointed by the Government and includes a Deputy or Assistant Controller of Prices and Supplies so appointed, and any other officer authorized by the Gove rnment to exercise all or any of the powers of Controller under this Ordinance. It will not irrelevant to reproduce the Notification No.SO(EAB) Ferti- 73(1-A) dated 5th of June. 1978 issued by the Government of the Punjab Industries and Mineral Development Department as under: - "In exercise of the powers conferred by clause (a) of Section 2 of the Punjab Esse ntial Articles (Control) Act, 1973 (Act NoXV1 1 of 1973), the Government of the Punjab is pleased to authorize the Deputy Commissioners/Additional Deputy Commissioners and Assistant Commissioners in the Punjab to exercise within their respective justification the powers of Deputy Controller and Assistant Controller respectively for the purpose of the Punjab Fertilizers (Control) Order , 1973."
Under the definition of "Controller" rathe r Assistant Director and Deputy Directo r the "Assistant Controller" and "Deputy Controller" are defined. Under Punjab Fertilizers (Control) Order , 1973, "Deputy Controllers" and "Assistant Controllers" along with their territorial jurisdictions are also notified vide notification No.ST O(PSE)3-2/90 dated 10.8.1998 read with notification No.SO(S) 3-2/2016 dated 13.01.2017, which reads as under:- "Government of the Punjab Industries and Mineral Development Department Notification The 10th August, 1998 No.ST O(PSE)3-2/90: In exercise of the powers delegated under Section 4 of the Punjab Essential Articles (Control)
Act, 1973 (Punjab Act No.XVII of 1973) as amended upto 1994, the Governor of the Punjab is pleased to authorize the following officers of the Agriculture Department to exercise the powers of Deputy Controller/Assistant Controller , for the jurisdiction noted against each, for the purpose of the Punjab Fertilizer (Control) Order , 1973:- Sr. No. Designation Powers to be delegatedJurisdiction
1. Director , Soil Fertility , Punjab LahoreDeputy Controller Punjab
2. Director of Agri. (Ext.)
H.Q. Lahore-do- Punjab
3. Deputy Directors of (Ext.) in the Punjab-do- Respective Districts
4. Extra Assistant Directors of Agriculture (Ext.) in the PunjabAssistant Controller Respective Sub- Division By Order of the Governor of the Punjab Tariq Farook Secretary Government of the Punjab Industries and Mineral Development Department"
The notification No.SO(S) 3-2/2016 dated 13.01.2017 also reads blow: "Government of the Punjab Industries, Commerce and Investment Department Dated Lahore, the 13th January , 2017 Notification No. SO(S)3-2/2016-FCO-on repeal of Punjab Local Government Ordinance, 2001 and promulgation of the Punjab Local government Ordinance Act, 2013, the following Officers to exercise the powers of Deputy Controller/Assistant Controller , for the jurisdiction noted against, each for the purpose of the Punjab Fertilizer (Control) Order , 1973:- Sr. No. Designation Powers to be delegatedJurisdiction
1. Director , Soil Fertility , Punjab LahoreDeputy Controller Punjab
2. Director of Agriculture (Ext.) H.Q. LahoreDeputy Controller Punjab
3. Deputy Commissioners / Deputy Directors of (Ext.) in the PunjabDeputy Controller Respective Districts
4. Assistant Commissioner / Assistant Directors of Agriculture (Ext.) in the PunjabAssistant Controller Respective Sub- Division Dr. Muhammad Mujtaba Piracha Secretary , Government of Punjab, Industries Commerce and Investment, Department"
6. No doubt the duties of Assistant Contr oller and Deputy Controller conclude control of quality , price and stock in their jurisdiction. As regulation of essential articles is concerned, Section 2(a) and 2(t) of the Punjab Essential Articles (Control) Act, 1973 provide for regulation of essential articles. Regulation of business of fertilizer is also provided under the provisions of clause 18(4) of The Punjab Fertilizer (Control) Order , 1973 and this law is promulgated under the provisions of Punjab Essential Articles (Control) Act, 1973, as such, the contention of learned counsel for the petitioner that respondent No.2 is not empowered to cancel the registration certificate of every fertilizer product is misconceived.
7. In the case under discussion, the petitioners entered into distribution agreement the local manufacturing company M/s. Greenish Chemical for distribution of its fertilizer products namely Solevo, Ammex. Avox and on the basis of said agreement the petitioners have applied for registration as describers of the said products and the license for distribution of said products was accorded to the petitioners. Thereafter , M/s. Greenish Chemicals lodged an application dated 09.12.2019 to respondent No.2 for cancellation of distribution of the petitioners on the ground that the petitioners are distributing poor/fake products in the market. In pursuance of said application dated 09.12.2019, the distribution registration of the petitioners was cancelled. Learned counsel for the petitioners has laid much emphasis on his argument that the petitioners' agreement with M/s. Greenish Chemical still hold the fields, as such, respondent No.2 is not justified to cancel the registration certificate of the petitioners. It is noticed that the petitioners have not moved before any forum against the M/s. Greenish Chemical for enforcement of agreement for which they are insisting that the agreement is still hold the field. It reveals from the record that no such effort has been made by the petitioners against M/s. Greenish Chemical that their agreement still holds the field and no such application has been lodged to the respondent on the basis of which the respondent/Authority has revoked/cancelled the licenses of the petitioner . If there is no backing of any agreement with the M/s. Greenish Chemical with the petitioners then it is clear that the products which is being mark eted or distributed in the market by the petitioners is fake product which is not authorized by the M/s. Greenish Chemical to be distributed through the petitioner's companies. Section 18(4) of the Punjab Fertilizer (Control) Orde r, 1973, speaks at volume that without the formal permission of the manufacturer i.e. M/s. Greenish Chemical the petitioner's companies cannot regulate the products in the market. So, the section 18(4) of the Punjab Fertilizer (Control) Order . 1973, made it clear that the product in the market without permission of the M/s. Greenish Chemical is not standard product, therefore selling and marketing of said products of M/s. Greenish Chemical, license of which has been given to the petitioner's companies by the Agricultural Department Government of the Punjab is clear violation of the Punjab Fertilizer (Control) Order , 1973, as such, the respondent No.2 has rightly cancelled the licenses of petitioner's companies.
8. There is another important aspect of the case that if the agreement still exists between the parties, then the petitioners may apply to the Controller regarding the renewal of their license and the Controller/Authority by providing an opportunity of hearing to all concerns especially the other party/manufacturer i.e. M/s. Greenish Chemical decide the same in accordance with the law within a period of 30-days from the date of copy of receipt of the instant order .
9. For the above reasons, the instant petition having no force stands dismissed.