RIBECCA LAMINATES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants are the original accused of the Criminal Case No. 33 of 2013 whereby they have been convicted by the learned Additional Chief Judicial Magistrate, Morbi on 12/7/2014, for the offences punishable under Sec. 15 of the Environment (Protection) Act, 1986 (for short 'the Act'). M/s. Ribecca Laminates - a partnership firm was punished with fine of Rs.Rs.75,000/- and in default of payment of amount of fine, its partners being accused Nos. 2 to 8 to undergo 6 months simple imprisonment.

(2.) The facts of the case as can be culled out from the record suggest that the complainant - Gujarat Pollution Control Board (GPCB), Rajkot had filed a complaint against accused No.1 - company and its 7 partners in business of production of laminates sheets as violating the rules / provisions of Ministry of Environment and Forest Department Notification NO. S.O.1533 dtd. 14/9/2006, the provisions of category 5(f) by manufacturing resins without obtaining No Objection Certificate (NOC) from the Central Government and therefore, the company and its partners were made liable for violating the Rules so also of not having obtained the Environment Clearance (EC) certificate from the Central Government, hence committing offence punishable under Sec. 15 of the Act.

(3.) Heard Learned Senior Counsel Mr. Yatin Oza with learned advocate Mr. Vicky Mehta for the applicants, learned advocate Mr. Rutvij Oza for respondent - original complainant and learned APP Mr. Hardik Mehta for respondent - State.