RAMESHBHAI NANJIBHAI PADSHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R.No.I 28 of 2019 registered with Kadodara Rural Police Station, District Surat Rural, for the offence punishable under Sections 304, 284, 120-B, 114, 467 and 471 of the Indian Penal Code and Section 15 of the Environment Protection Act.

(2.) It has been mainly alleged in the FIR that on 08.02.2019, the work of disposal of about 21 MTs Spent Hydrochloric acid was given to Mahavir Enterprise. The Mahavir Enterprise further entrusted said work to Sai Rachna Chemical and in turn, Sai Rachna Chemicals further entrusted the said work to Aayushi Enterprise. Thereafter, one Amitkumar Ratilal Patel, proprietor of Aayushi Enterprise, through is Tanker No.GJ-02- Z-7927 given the delivery of the HCL to driver of the tanker Indrajit and cleaner Vrajesh. In the process of disposing of the HCL, one person died and two persons who are driver and cleaner are severely affected by such hazardous chemical. Therefore, the FIR is registered against the applicant and others.

(3.) Mr.K.B. Anandjiwala, Learned Senior Advocate, has submitted that so far as Hydrochloric Acid 30% (HCL) is concerned, which is a by-product manufactured along with Green 7 Pigments, which is the main product of LLP, the manufacture of HCL is permitted by the Gujarat Pollution Control Board (GPCB) as a by-product vide Para-2 of its consent Order No.AWH-97707 dated 11.12.2018. The GPCB was satisfied after verification of the output parameters of the product, by-product and waste materials. Thus, it is contended that the HCL is a by-product of the Company and permission was granted by GPCB. Thus, no illegality is committed by the applicant.