Law: Punjab Environmental Protection Act, (XXXIV of 1997)

Section: 17,21

Law: Qanun-e-Shahadat (10 of 1984)

Section: 75,76,129

Punjab Environmental Protection Act (XXXIV of 1997)--- ----Ss. 17 21---Qanun-e-Shahadat (10 of 1984), Arts. 75, 76 129 illustration (g)---Environmental Protection Order, violation of---Documentary evidence---Photocopies---Benefit of doubt---Accused was proceeded against by Punjab Environmental Tribunal for violating Environmental Protection Order---During the trial, prosecution placed on record photocopies of necessary documents---Validity---Primary and best evidence was withheld by prosecution by not submitting original Environmental Protection Order and Original Compliance Status Report---Documents were to be proved by primary evidence under Art. 75 of Qanun-e-Shahadat, 1984 except the cases mentioned in Art. 76 of Qanun-e-Shahadat, 1984---Prosecution withheld primary evidence and only produced photocopies of Environmental Protection Order and Compliance Status Report---Prosecutor failed to satisfy the Tribunal as to where were the original documents and why those were not produced---Photo copies were not admissible in evidence and prosecution did not prove its case in accordance with Art. 76 of Qanun-e-Shahadat, 1984---Prosecution failed to prove its case against accused beyond shadow of doubt and accused was acquitted of the charge---Complaint was dismissed, in circumstances. 2022 MLD 1941; 2021 CLC 1348; PLD 2010 SC 604 and 2011 SCMR 1009 rel. JUDGMENT Muhammad Tahir Bashir Chief Executive of Messrs United Ethanol Limited, situated at Tehsil Sadiqabad District Rahim Yar Khan was sent for trial by the Director General EPA for the commission of offence punishable under section 17(1) of Punjab Environmental Protection Act, 1997. 2. The complainant agency after receiving the complaints against the respondent unit conducted inquiry/SIR through District Officer (Environment) Rahim Yar Khan and after hearing the respondent issued EPO dated 05.08.2008 where in respondent was directed to take measures to control the pollution. Thereafter compliance report was sought and respondent failed to comply with the direction resulting the present Complaint for proceeding under section 21(3)(a) of Punjab Environmental Protection Act, 1997. 3. Accused/respondent Muhammad…

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