Legal Question in Environmental Law in Pakistan
As per Import Policy order 2009 Serial No 51 of the List B.
If we import plastics waste as per HS Code No; 3915.9000 a certificate is required from the Relevant Government Agency of the Exporting Country to confirm that Watse Imported does not contain hazardous material as per Basel Convention.
Any consignment which is not accompanied by this certificate is Tested by a Govt Lab :PCSIR: to confirm that the consignment is not hazardous as per Basel Convention.
The Govt Lab confirms but Customs insist that although the Test is fine but still the requirement of the certificate as per Import Policy is missing, therefore the Consignment can not be released.
Question is whether the spirit of the law is important or the documents is more important in the eyes of law
1 Answer from Attorneys
will have to look the relevant provision of law, which would have to construed coupled with principles of law and policy....
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