JAGDIP V PANDYA Vs. L B INDUSTIRIES

JUDGEMENT

(1.) THIS Revision Application filed under Section 397 read with Section 401 of the Code of Criminal Procedure challenges the judgment and order dated 30-5-1990 passed by the learned 2nd Joint Judicial Magistrate, First Class, Anand in Criminal Case no. 4950 of 1988 whereby the learnd Magistrate convicted and sentence the present respondents-accused till rising of the Court and to pay a fine of Rs. 500/-, in default, S. I. for 30 days.

(2.) THE facts leading to the institution of the present Revision Application are that the present petitioner Jagdip V. Pandya, Assistant Law Officer, Gujarat Pollution Control Board, Race Course, Baroda had lodged complaint under Sections 31, 39 and 40 of (The) Air Pollution (Prevention and Control of Pollution) Act, 1981 on the basis of the fact that the Unit of the respondents at Vasad during the manufacturing process used raw material 10dt (800 grade) which emits black-white smoke with great density and caused pollution and this fact was noticed by the complainant during the inspection which was carried out on 4-6-1988. On the basis of the said complaint, offence was registered and the case was numbered as Criminal Case no. 4950/1988.

(3.) BEFORE the learned Magistrate, the respondents pleaded guilty and prayed for mercy and imposition of lesser sentence as they are poor persons whereupon the learned 2nd Joint Judicial Magistrate, First Class, Anand passed the judgment and order dated 30-3-1990 in Criminal Case no. 4950/1988 whereby the respondents-accused were convicted and setenced till rising of the Court and to pay fine of Rs. 500/-, in default, S. I. for 30 days. It is against this judgment and order of the learned Magistrate that the present petitioner (original complainant)has approached this Court by way of the present Criminal Revision Application.