GUJARAT POLLUTION CONTROL BOARD Vs. DIPAKBHAI NAVINCHANDRA GODIYAWA

JUDGEMENT

(1.) THE present appeal under Section 378(4) of the Code of Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 4.12.2007 passed by the learned Additional Sessions Judge, Court No. 11, Ahmedabad in Criminal Appeal No. 57 of 2005 whereby the respondents -accused have been acquitted of the charges under Sections 24, 25, 43, 44 and 47 of the Water (Prevention and Control) of Pollution Act, 1974.

(2.) BRIEF facts of the prosecution case are that the respondents were doing business in partnership firm M/s. Swastik Industries at Vatva, Ahmedabad and said firm was manufacturing the chemical since 1987. The said firm had appointed one Paresh Shah, Chemist to look after the production divison and to follow the rules of Pollution Board. The said factory was used for manufacturing Dxyfet Butazon by using different chemicals and huge water was required. So far the disposal of the used water trade effluent necessary arrangements were made. The office Shri P.K. Gohil had visited the factory and taken the sample of trade effluent and therefore, it was found that the respondents had violated the terms of the consent order. The samples were sent for analyzing in the laboratory of the complainant. There were no respondents present at the time of taking sample then also on 16.2.1990.

(3.) THE complainant - Dahyabhai Kalubhai Solanki, Assistant Law Officer, had filed Criminal Case No. 357 of 1990 before the learned Chief Metropolitan Magistrate, Ahmedabad, against present respondents and M/s. Swastik Industries. After hearing the parties and taking into consideration the evidence of witnesses on record and also documentary evidence, the learned Magistrate, convicted accused No. 1 under Section 24 and 43 and ordered to pay Rs. 5,000/ - and that shall be recovered from the accused No. 2 to 4 and further ordered that accused No. 2 to 4 were convicted under Sections 24 and 43 for simple imprisonment of two years and fine of Rs. 5,000/ - to each accused. Against said order of conviction passed by the learned Magistrate, the respondents had preferred Revision before the Additional City Sessions Judge, Ahmedabad being Criminal Revision Application No. 57 of 2005 and M/s. Swastik Industries had also preferred by way of Criminal Revision Application No. 60 of 2005. Both the Revision Applications were consolidated and by common judgment and order, learned Additional Sessions Judge, Court No. 11, Ahmedabad, was pleased to acquit the accused by quashing and setting aside the judgment and order dated 24.11.2005 passed by the learned Magistrate, by his order dated 4.12.2007. Therefore, present appellant - Gujarat Pollution Control Board through its Law Officer, has preferred this present appeal against the order dated 4.12.2007 passed by the learned Additional Sessions Judge, Court No. 11, Ahmedabad.