Detailed judgment: Ministry of Commerce can’t seize non-prohibited bore weapons, says PHC

PESHAWAR: The Peshawar High Court (PHC) has declared that Ministry of Commerce has no authority to confiscate the consignments of non-prohibited bore weapons.

A detailed judgement authored by Justice Mussarat Hilali declared that the main role and responsibility of Ministry of Commerce was to regulate the external trade and to promote growth. “There is no provision in the law to authorise the Ministry of Commerce to confiscate the imported goods, which are otherwise banned. The Ministry of Commerce is not an adjudicated body,” the judgement stated.

It said that secretary Ministry of Commerce has used the powers not vested with the ministry and by doing so, has acted beyond his powers by performing these functions in the absence of authority. The court passed the judgement in a writ petition filed by M/S Naveed Khan and Company.

The company, dealing in the trade of imported non-prohibited weapons, claimed in the petitioner’s weapons consignments were confiscated by Ministry of Commerce at Bacha Khan Airport despite the fact that it has a valid permit to do the trade.

The bench stated that the petitioner, who has a valid licence, was permitted to bring non-prohibited weapons under the Weapons Control Policy.