PHILIPS CARBON BLACK LIMITED Vs. SABU THOZHUPADAN

JUDGEMENT

(1.) The first petitioner is a limited company. The second petitioner and the second respondent were its Manager (Pollution Control) and Chief Executive (Environment) respectively. The company had two manufacturing units (Line I and II). The first respondent filed a complaint before the Judicial Magistrate concerned, which is now pending as C.C.No.296 of 2018 in the court of Judicial Magistrate of First Class, Chottanikkara. One of the allegations is that the company caused pollution in the area and it failed to comply with the direction of the Pollution Control Board to close down the units. The other allegation is that without obtaining the sanction of the Pollution Control Board the company established and operated a third unit (Line III). After complying with the direction given in the Crl.R.P No.293 of 2014 the learned Magistrate passed Annexure-B order holding that there are no sufficient grounds to discharge petitioners and the second respondent and a charge has to be framed against them for the offence under section 37 of the Air (Prevention of Control and Pollution Act, 1981). This order is challenged.

(2.) Heard the learned senior counsel appearing for the petitioners and the learned counsel appearing for the first respondent, and the learned Public Prosecutor.

(3.) Evidence of the first respondent was recorded under section 244 (1) Cr.P.C. PW1 to PW5 were examined and Exhibits X1 to X5 were marked on the part of the first respondent. Exhibits D1 to D9 were marked on the part of the petitioners and the second respondent before the learned Magistrate decided to frame charge against the petitioners and the second respondent.