YOGESHBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate for the applicant, Mr. Yatin Soni, Ms. Manisha Lavkumar, learned APP for the respondent No. 1-State and learned advocate, Sunil L. Mehta for the respondent No. 2.

(2.) IT is fairly submitted by learned advocate for the respondent No. 2, Mr. Sunil Mehta, on instructions that in pursuance of notification No. B-PCI-I/clamp/02/15507 dated 21-7-2005 issued by the Central Pollution Control Board, it was clarified that Notified Stack Height Regulations and Emission Standards are not applicable for claim like Hathbhatta type kiln.

(3.) IN view of the above notification issued by the Central Pollution Control Board, the applicant is not required to obtain license as the unit of the applicant is a Hath-Bhatta type of kiln. The said notification or fact was not disclosed either before the Trial Court or before the Appellate Court and only because of this, the applicant has to remain in jail since 24-11-2009. In view of the above, orders passed by the courts below are required to be quashed and set aside and the applicant is required to be acquitted.