Law:

Section:

Pakistan Environmental Protection Act (XXXIV of 1997)---Ss. 11, 16, 17, 21 & 22---Discharging wastewater in the environment without any in-house treatment---Allegation against respondent/factory was that waste water generated by it was discharged in the environment without any in-house treatment in excess of notified National Environmental Quality Standards; which was adversely contaminating the underground water quality; and created nuisance for in land flora and fauna---Case of prosecution was totally silent upon the material of fact that as to whether there was any discharge of wastewater outside the factory---Case of respondent/factory was that not a single drop of water was discharged in the environment by the factory---Neither the complainant nor the two witnesses who had gone to collect the wastewater sample had supported the case of the prosecution on that issue---Material contradictions existed in the evidence of said two witnesses, which had created doubt---Prosecution had failed to prove the charge so far as S.11 of the Pakistan Environmental Protection Act, 1997, was concerned---Environmental Protection Agency, had issued Environmental Protection order without hearing respondent factory, while as per law such orders were to be passed after providing an opportunity of being heard---No concrete evidence had been brought by the prosecution to discharge the burden satisfactorily---Issue as to whether respondent/factory had committed violation of Ss.11 & 16 of the Pakistan Environmental Protection Act, 1997, was answered as not proved---Accused, Chief Executive Officer of the factory was acquitted under S. 265-H, Cr.P.C., in circumstances. JUDGMENT This judgment will dispose of the complaint filed by the Director-General, Environmental Protection Agency, Sindh against Abdul Khaliq, Chief Executive Officer, Amin Fabrics, Aminabad Kotri, District Jamshoro under section 21(3)(a) of the Pakistan Environmental Protection Act, 1997 read with section (5) of Criminal Procedure Code, 1898. 2. The facts in brief as stated in the present complaint are that the respondent is incharge of the operation of Amin Fabrics Limited. The officials of Environmental…

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