Messrs PEHLWAN MARBLE FACTORY through Muhammad Asif vs THE STATE

ORDER

Messrs Pehlwan Marble Factory through Muhammad Asif/ appellant was tried by the Environmental Tribunal Punjab Lahore in complaint under the Pakistan Environmental Protection Act, 1997 where after he was convicted under section 21(3) of the Pakistan Environmental Protection Act 1997 and sentenced to pay fine of Rs.1,00,000 failing which the appellant have to pay further fine of Rs.15,000 per day during the period non-compliance of the direction continues.

2. As per office objection the appeal filed by the appellant is time barred for four days.

Along with appeal, the petitioner has also moved an application under section 5 of the Limitation Act 1908 for condonation of aforesaid delay in filing appeal.

3. It is contended that due to sunstroke, the petitioner became seriously ill and could not engage his counsel in time for filing appeal. As soon as he recovered health, he immediately contacted his counsel and filed the appeal without any further delay. It is stated that the delay in filing appeal is not intentional but due to the uncontrolled circumstances. Precious right of the petitioner is attached with appeal. If delay is not condoned, the petitioner would suffer irreparable loss. It is, therefore, prayed that the delay in filing appeal be condoned and the appeal be decided on merits.

4. Learned A.P.-G. On behalf of the State strongly opposed this petition.

5. Arguments heard. Record perused.

6. As stated earlier according to the office objection the appeal filed by the petitioner is time- barred for four days. The period of limitation for filing appeal as prescribed under section 23(1) of the Pakistan Environmental) Protection Act, 1997 is thirty days from the date of communication of such order or sentence. It is not disputed that if the period of limitation as prescribed in statute, is different from the A Limitation Act, then the period prescribed by the special and local law will prevail over the Limitation Act. Section 5 of the Limitation Act would not, thus be, applicable to the appeal against conviction under section 23 of the Pakistan Environmental Protection Act, 1997 read with section 410, Cr.P.C. In view of the bar contained in section 29(2)(a)(b) of the Limitation Act.

Moreover reason of delay as stated in the petition has not been supported by any documents like medical certificate etc. In this way, neither any cogent reason has been given for condonation of delay nor delay of each day has been explained.

This being so, delay in fling appeal cannot be condoned. Criminal miscellaneous for condonation of delay filed by the petitioner, therefore. Stands dismissed. Reliance is placed upon the cases titled The State through Additional Advocate-General Sindh/Public Prosecutor v. Anis Bawani and 2 others (2000 PCr.LJ 1418), Akhtar Naeem alias Waqas Chaudhary v. The State (PLD 2007 Karachi 277) and Haji Muhammad Ashraf v. The State and 3 others (1999 MLD 330), Govt. Of Pakistan v.

Messrs Hassan Khan (2003 YLR 1686) [Peshawar], Aziz-urRehman Hamid v. Crescent Commercial Bank (2008 SCMR 54) and Ch. Muhammad Hanif v. Chairman Federation of Pakistan 2010 YLR 1577 [Multan bench Multan] relied upon.