STATE OF GUJARAT Vs. GUJARAT PAPER MILLS LTD

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 20.4.1995 passed by the learned Addl. Sessions Judge, Ahmedabad (Rural) in Criminal Appeal No. 16/1993, whereby the judgment and order of conviction and sentence passed by the learned Chief Judicial Magistrate, Ahmedabaqd (Rural) has been set aside and the respondents accused have been acquitted of the charges under Section 25 and 26 of the Water Pollution Prevention and C, leveled against them.

(2.) The brief facts of the prosecution case are as under:

(3.) It was contended by learned APP Mr H.L. Jani for the appellant that the judgment and order of the learned Addl. Sessions Judge is not proper, legal and it is erroneous. He has also argued that the learned Addl. Sessions Judge has not considered the evidence of the witnesses. He has argued that Board has followed the rules prescribed by law and he has also followed the procedure of taking the sample which is just and proper. The sample was seized and sealed properly. Yet, the learned Addl. Sessions Judge has not considered the evidence of prosecution. Therefore, the order impugned in this appeal passed by the learned Addl. Sessions Judge setting aside the judgment and order of conviction and sentence dated 24.6.1993 passed by the learned Chief Judicial Magistrate, Ahmedabad requires to be quashed and set aside.