ALI BAQAR NAJAFI, J.---Through this constitutional petition, the petitioner seeks quashing of FIR No.1357/2021, dated 01.10.2021, under section 188, P.P.C. read with section 15 of the Punjab Prevention and& Control of Dengue (Temporary) Regulations, 2021, registere d at police station Larri Adda, District Lahore on the allegation that the complainant of the said FIR along with Dengue Team inspected the premises of petitioner being run as "Bilal Oil Stoke" at Shop No.3 Near Kashmir Tea Stag, Larri Adda, Lahore and found "Dengue Mosquitoes" in the room order lying there.
2. Learned counsel for the petitioner contends that the instant, FIR has been lodged against the petitioner just to blackmail him and pressurize him for legal gratification. Adds that no sample of water was taken from the premises and there is no positive report from recognized laboratory to verify the Larva of mosquitos. Adds that the complainant has no authority to enter into the premises and search the premises without notice as it was the duty of Health Inspector . Places reliance. upon case titled "Muhammad Asghar and 3 others Vs. Station Hous Officer and 2 others" reported as PLD 2020 Lahore 87 .
3. In the report and parawise comments submitted by the SHO/respondent No.2, it is stated that no Illegal harassment is casted to the petitioner and they acted in accordance with law. It is further stated that the challan under section 173, Cr.P.C. has been submitted in the court against the petitioner/accused, hence prays for dismissal of the writ petition.
4. Arguments heard. Record perused.
5. After hearing the learned counsel for the petitioner , learned Assistant Advocate General Punjab and perusing the file, it is straightaway observed that the respondents have not been able to show any positive report of the specimen of the water allegedly collected from the premises of the petitioner suggesting that it contain Larva/mosquitos causing Dengue. Unde r Rule 3 of the Punjab Prevention and Control of Dengue (Temporary)
Regulations, 2021 made Under section 28-A of the Punjab Infectious Disea ses (Prevention and Control)
Amendment) Act, 2021, the owners or occupiers of the premises will be responsible to remove/destroy of dispose of open tins, bottles boxes, tyres or any other container capable of holding water which maintain in good repair in a container of water to prevent the breeding of mosquitoes, remove debris another type of vegetation other than grown for fruit purpose or ornamental value. Under Rule 4, the Medical Officer or .an Officer notified by the Deputy Commissioner will be required to spray any pond, cistern, fountain or any other place with a notice to the owner/occupier . The investigation does not reveal that any such egoist was made by the Government on the premises in question. Under Rule 5, a notice was required to be issued to a person to take the measures; i.e. including repair of gutters, down-pipes, drains, tank, room cooler , artificial pond etc. Admittedly no such notice was issued to the petitioner . The Primary and Secondary ,Healthcare Department, Government of the Punjab had already issued Standard Operating Procedures (SOPS) for Prevention and Contro l ,of Dengue, 2020, according to which, besides setting out the objective details of the activities at the end of the Government functionaries had been described including Alert Generation/System Generated. Alerts. In short, the Government/District Government has rightly taken up the responsibility to take adequate measures to control and protect the citizens from this dangerous disease. However , they should be strictly followed under the law, to initiate a criminal proceeding, a specific procedure has been laid down which include issuance of notice, site inspection, taking out specimen and getting report thereon from the laboratory having the latest compatible equipment. The police file does not reveal that the said requirements of law have been fulfilled. Perusal of the police file further reveals the basis of report under section 173, Cr.P.C. is the only certificate dated 29.10.2021 issued by the Entomologist, Ravi Zone, Lahore after the last zimni No.5 dated 10.10.2021 was written which cannot be equated with the report showing the observance of protocol by the recognized laboratory to draw a conclusive inference about the presence of larva in the specimen.
6. In this view of the matter , the registration of FIR is nothing but abuse the process of law. Such FIR; therefore, cannot sustain in the eyes of law. The submission of challan in the court of law of a case which has inherent kfficiency cannot be carried out. Resulta ntly, this constitutional petition is allowed and the FIR No.1357/2021 (supra) is quashed.