HARKISHAN RAMNIKLAL JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 10.04.2007 passed by the learned Judicial Magistrate, First Class, Junagadh, in Criminal Case No. 2436/1996, whereby the accused has been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are that the original accused No. 1 is a Sunchem Industries and original accused No. 2 is a proprietor. The company is manufacturing remezol dyes and uses B -Acid 185 k.g., Soda S -85 k.g. etc., as row material for manufacturing the remezol dyes and for manufacturing the aforesaid goods, everyday the factory discharging 400 liters polluted water in the canal without obtaining the permission from the Board. A notice under Section 23 of the breach of the Water (Pollution and Control of Pollution) Act (for short "the Act") came to be issued to the respondents. Therefore, the sample of polluted water was taken and after sealing the same, sent to the Public Analyst for analysis. On receipt of the report, it has been found that the accused have committed the breach of Sections 24 and 25 of the Act . Therefore, after obtaining the sanction the complaint came to be filed againt the respondents - accused for the offences punishable under Sections 43, 44 and 47 of the Act before the Court.

(3.) TO prove the case against the present accused, the prosecution has examined the witnesses and also produced documentary evidence.