GUJARAT POLLUTION CONTROL BOARD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, under sec. 378(5) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dtd. 31/3/2008 passed by the learned Chief Judicial Magistrate, Vyara, in Criminal Case No. 3509 of 1991, whereby the learned Magistrate has acquitted the respondents accused from the charges levelled against them.

(2.) The brief facts of the prosecution case is that the respondent No. 2 is the registered partnership firm and respondents Nos.3 to 8 are partners of such firm, amongst them respondent No.8 is Manager of respondent No.2 firm. It is alleged that respondent Nos.3 to 8 are responsible and liable for day to day affairs of the firm and they are discharging the polluted water without any process or treatment. It is also alleged that respondents are discharging large quantity of polluted wanter and they have not taken proper permission for that. It is alleged that on 20/3/1991 the officers of the Board have visited the premises for inspection and took the sample of effluent water which was sent for analysis and the report had come on 21/4/1991. It is alleged that the Public Analyst submitted the Report and as per the said Report it was found that the accused have committed the breach of Ss. 24, 25, 33(2), 41(2), 43. 44 and 47 of the Water (Prevention and Control of Pollution) Act, 1974 (herein after referred to as 'the Act'), and therefore, after obtaining sanction complaint has been filed against the respondents - accused. Thereafter, the trial was conducted against the respondents - accused. The trial Court examined the witnesses and also considered the documentary evidence led before it and after considering the documentary as well as oral evidence has acquitted the respondents - accused from the charges levelled against them.

(3.) Heard learned advocate Mr. Rituraj Meena for the appellant, learned advocate Mr. Hardik B. Shah for respondents- original accused and learned APP for respondent State.