HARKISHAN RAMNIKLAL JOSHI Vs. KIRITKUMAR VENISHANKER MEHTA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, under Section 378 Cr. P.C., against the Judgment and order dated 25.2.1999 rendered by the learned Judicial Magistrate First Class, Jetpur, in Criminal Case No.840 of 1991. The said case was registered against the present respondent original accused for the offence under Sections 43 and 44 of the Prevention of the Water Pollution Control Act.

(2.) ACCORDING to the prosecution case, accused used to discharge dirty water of his industry. That he did not make any arrangement for purification of the effluent water and used to discharge 17,000 liters of effluent water daily out side his ghat. The said effluent water passes through natural stream and pollutes the water of the lake. That the accused did not obtain any valid permission of the Gujarat Pollution Control Board for discharging polluted water, nor has he made any requisite application for the same and thereby he has continued to discharge such water of his industry without its purification.

(3.) THEREFORE the complainant paid visit to the ghat of the accused and notice of entry and inspection was also given. Further more before taking the sample notice was also given. Thereafter, on causing the analysis done of the samples taken it was found that the same was polluted water. Therefore, as the accused did not obtain requisite permission and committed breach of Sections 24 and 25 and thereby committed an offence punishable under Sections 43 and 44 of the Act, the complaint was lodged against the respondent accused.