Law:

Section:

Pakistan Environmental Protection Act (XXXIV of 1997)---Ss. 11, 16, 21 & 22---Environmental Samples Rules, 2001, R.8(2)---Environmental pollution by wastewater generated by mill---Complaint was filed by Authority to the effect that after test and analysis of sample of wastewater of mill, it was observed that the level of Biochemical Oxygen Demand, Chemical Oxygen Demand, Total Suspended Solid, Grease and Oil, were in excess of National Environmental Quality Standards; that the wastewater being generated by the mill was discharged in the environment without any in-house treatment, which was adversely contaminating the water quality of canals; and that said wastewater was not only affecting the ecology of the area, but also causing water borne diseases to a large section of the population residing in the vicinity---Mill was involved in violation of S.11 of Pakistan Environmental Protection Act, 1997; and that twice the mill was inspected and both the times results were found in excess of National Environmental Quality Standards---Not a single witness in support of said allegations was examined by the complainant/ prosecution---None of the members of the team of Environmental Protection Agency which inspected the mill had been examined by the prosecution in support of their case---Case of mill was that no samples were taken by Environmental Protection Agency; in every document, different sample number and identification was mentioned which was glaring contradiction in sample identification, and a fatal blow to the case of the prosecution; alleged samples were received in the laboratory six days after collection of said samples and there was no plausible explanation for said inordinate delay as to where said samples were lying for said intervening six days and who was responsible for that period---As per R.8(2) of Environmental Sample Rules, 2001, samples were to be delivered within forty-eight hours to the laboratory for test and analysis---Prosecution had not examined any independent witness in whose presence the samples were taken as required by Rules---Complainant also did not disclose as to what type of pollution could be caused by the mill---Prosecution…

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