DAHYABHAI KAKLUBHAI SOLANKI Vs. MAHENDRABHAI G NAIK

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated22.10.1997 passed by the learned Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No. 547/1991, whereby the accused have been acquitted of the charges under Section 247 read with Section 43 & 44 of the Prevention and Control of Pollution Act, leveled against them.

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

(3.) IT was contended by learned Advocate Mr. Sunil Mehta for the appellant that the judgment and order of the learned Magistrate is not proper, legal and it is erroneous. He has also argued that the learned Magistrate has not considered the evidence of the witnesses. The sample was seized and sealed properly. Yet, the learned Magistrate has not considered the evidence of prosecution. Therefore, the order impugned in this appeal passed by the learned Magistrate requires to be quashed and set aside.