MAYANK JAYANTBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R.No.11210002220107 of 2022 registered with Sachin GIDC Police Station, District Surat, for offences punishable under Ss. 277, 284, 336, 337, 342, 465, 467, 468, 471, 120-B and 34 of Indian Penal Code and Sec. 15 of Environment Protection Act.

(2.) Mr.N.D.Nanavati, learned Senior Advocate assisted by Ms. Dilbur Contractor, learned advocate for the petitioner submitted that initially Ss. 284, 120-B, 34 of IPC and Sec. 15 of Environment Protection Act was invoked in the FIR dtd. 19/1/2022 and later on by a report dtd.25/1/2022 another Ss. 277, 336, 337, 342, 465, 467, 468, 471 of IPC came to be included. Mr. Nanavati, learned Senior Advocate for the petitioner submitted that out of all Sec. so invoked; Ss. 467, 468 would be non-bailable and with regard to Sec. 15 of Environment Protection Act, he states that it could be only by a complaint through an authorised officer.

(3.) Learned APP Mr.J.K. Shah submitted that, on the instructions of the present petitioner, one sided agreement was executed, and false and forged signature of the witness one Yashwant Dinanath Bhogle was taken and another forged signature of the witness being employee Rajesh Hardshadrai Patel was taken by which the said document was made on 16/1/2022, and on the very same day, the present petitioner has called the Deputy General Manager of Dalmia to inform that Sangam had earlier contacted the company for hazardous waste and for that there would be a police inquiry. Learned APP submitted that the present petitioner had tried to manipulate the investigating process and had instructed Dalmia that the payment was made to Sangam by its company and thereafter it was paid to Dalmia and instructed them to inform the police that there is no final agreement. Learned APP submitted that, for their own interest, a false agreement with forged signature was executed and had tried to tamper with the evidence to misdirect the investigation. Learned APP submitted that on 25/1/2022 the present petitioner had tried to confirm the fact with Dalmia regarding installments of GPS system and payment made to Sangam. Learned APP submitted that the agreement between COCPL and Dalmia was never finalised and the signature was only of Dalmia where the agreement was not finalised by COCPL. Learned APP submitted that by giving false information, manifest was generated and the driver of tanker bearing registration No. GJ-06-ZZ-6221 was shown to be Surendrasinh Jitendrasinh; while the driver in the Manifest was shown as Majidbhai, and without making reference of Surendrasinh Jitendrasinh, the manifest was uploaded of GPCB site, and during the course of investigation it was found that the details of the transporter as noted Shree Sai Tanker was not mentioned in the manifest and there was no such transport company and in manifest there was no reference of Sangam. Learned APP submitted that it was a conspiracy and under the instructions of present petitioner the hazardous waste was disposed of in a creek which has caused injury to two persons. Learned APP therefore urged that no discretion may be exercised in favour of the petitioner.