2023 CLD 383 ENVIRONMENTAL-TRIBUNAL-LAHORE

Case information

Citation: 2023 CLD 383 ENVIRONMENTAL-TRIBUNAL-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 CLD 383 ENVIRONMENTAL-TRIBUNAL-LAHOREBookmark this Case DIRECTOR GENERAL, ENVIRONMENTAL PROTECTION AGENCY, PUNJAB VS UNITED ETHANOL LIMITED, TEHSIL SADIQABAD DISTRICT RAHIM YAR KHAN 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.

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