PIYUSHBHAI DINESHBHAI KASAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11199056220023 of 2022 registered with Vagra Police Station, District Bharuch for the offences under Ss. 284, 336, 465 and 468 of the Indian Penal Code, 1860 (IPC).

(3.) It is the case of the applicant that he is a partner of Green Paradise Pigment LLP, which was formed on 6/3/2017. The said LLP is into the business of production, manufacturing, import export and dealer of paint, distemper, pigments, writing, printing and inks of all other kinds. The applicant is holding the valid license for carrying on its business activities and the same is valid till 31/12/2025. The LLP has been into the business of manufacturing of synthetic organic chemicals and has a plant at Dahej, Bharuch. It had also obtained a valid environment clearance dtd. 26/11/2018 with respect to setting-up of manufacturing plant at Bharuch from State Level Environment Impact Assessment Authority, Gujarat. It had made applications on two occasions with respect to amendment to consent to establish for increment in production capacity of pigment, which came to be approved by the Gujarat Pollution Control Board by letter/order dtd. 29/9/2018 and 18/6/2019. On 13/12/2019, the LLP executed an agreement for supply of alluminium chloride solution (by-product) with M/s. Roopam Textile, Ahmedabad, by which M/s. Roopam Textile shall purchase or buy the raw material i.e. alluminium chloride solution for neutralization of effluent. Before and after the date of offence, the applicant's firm was selling its by-product to M/s. Roopam Textile. The GPCB had passed a closure order under Sec. 5 of the Environment (Protection) Act, 1986 for the incident of 16/5/2021, when cyclone TAUKTAE had hit the various districts of Gujarat State, of making false manifest. After considering the reply of the LLP, the said closure order was revoked by the GPCB vide its order in February, 2022. The raw material was seized as a muddamal by the Investigating Officer. One of the partners of the firm had applied for release of the said raw material. The Magistrate has released the said muddamal.