JAGDEEP V PANDYA Vs. HALOL PETROCHEM PVT LTD

JUDGEMENT

(1.) THE present appeal under section 378(4) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 14th August 2007 passed by the Sessions Judge, Panchmahal at Godhra, in Criminal Appeal No.08 of 2007, whereby the learned Judge has set aside the judgment and order of conviction and sentence dated 30th March 2007 passed by the learned Judicial Magistrate First Class (Joint Court), in Criminal Case No.1437 of 1993, and acquitted the respondents from the charges levelled against them.

(2.) THE brief facts of the prosecution case is that the respondent No.1 is limited Company and respondent Nos.2 to 4 are the Directors of the respondent No.1 Company and managing day-to-day affairs of the respondent No.1 Company. It is the case of the prosecution that without obtaining necessary permission from the Board, the respondent No.1 Company discharging 1450 liter polluted water and thus the respondents have breached the Consent. It is the case of the prosecution that the respondents-accused have breached the conditions on which permission was given to the respondents-accused to discharge the polluted water and thereby they have violated the provisions of Sections 24 and 25 punishable under Sections 43, 44 and 47 of the Water (Prevention and Control of Pollution) Act, 1974. It is also the case of the prosecution that when on 02nd February 1993 Officials of the Board visited the respondent No.1 as per Section 23 of the Act, it was come to the notice that respondents have breached the conditions of the Consent. THErefore, notice as per Section 21 of the Act was issued and sample was collected and send the same for analysis to the Board Analyst. On examination, it was found that the respondents-accused have breached the conditions on which permission was given to the respondents-accused to discharge the polluted water and thereby they have violated the provisions of Sections 24 and 25 punishable under Sections 43, 44 and 47 of the Water (Prevention and Control of Pollution) Act, 1974. THEreafter, after obtaining necessary sanction, complaint has been filed against the respondentsaccused.

(3.) BEING aggrieved and dissatisfied with the said judgment and order dated 14th August 2007 passed by the learned Sessions Judge, Panchmahal at Godhra, Gujarat Pollution Control Board through his Assistant Law Officer, has preferred the present Criminal Appeal.