GUJARAT POLLUTION CONTROL BOARD Vs. KESHAVJIBHAI NATHABHAI RATHOD

JUDGEMENT

(1.) This Appeal is filed by the appellant - Gujarat Pollution Control Board under Sec. 378(4) of the Criminal Procedure Code, 1973 against the judgment and order dated 7. 01.2008 passed by the learned Chief Judicial Magistrate, Jamnagar in Criminal Case No.3328 of 2004 acquitting the respondent - original accused from the offence punishable under Sec. 21(1)(2) and 31(A) of the Air (Prevention and Control of Pollution) Act, 1981. (hereinafter shall be referred to as the "Air Act" for short).

(2.) The case of the prosecution is as under :-

(3.) Mr.Rituraj Meena, learned advocate for the appellant Board has vehemently argued that the court below has committed a grave error in not believing the deposition of the witnesses examined by the prosecution and evidence adduced by the prosecution.