M R SINGHWI Vs. STATE

JUDGEMENT

(1.) M. R. Singhwi, the petitioner herein is the second accused in the complaint filed by the Tamil Nadu Pollution Control Board for the offences under sections 42, 44 read with section 45 of the Water (Prevention and Control of Pollution) Act, 1974, as amended in 1988 (hereinafter referred to as the Act).

(2.) THE petitioner has filed this petition under section 482 of the Criminal Procedure Code seeking to quash the proceedings as against him, mainly on the ground that there is no allegation in the complaint that he was in charge of and responsible for the conduct of the business of the company who committed the offence and the mere designation "managing director" would not indicate that he is responsible for the conduct of the business or that he has got control over the entire affairs of the company. According to the complaint, the unit, the first accused was inspected on November 21, 1996, and during the inspection, the unit was found discharging their effluents into the SIPCOT sewer system without treatment. Despite the advice to provide a full-fledged effluent treatment plant in the second inspection on February 10, 1997, also the unit was found to be discharging the untreated trade effluent. Another inspection was on April 25, 1997.

(3.) "Subsequent to the accident which occurred on July 5, 1997, the committee headed by Dr. Chockalingam and other committee members were introduced and the purpose of their visit was also informed to the managing director of the said company and other officials of the unit who were present at the time of the committee's visit along with the Tamil Nadu Pollution Control Board officials and as such the unit's reply in respect of the committee's visit that they have not disclosed their identity is false. Thus, the abovesaid actions of the accused-company and its occupier have committed the following offenses which are punishable under sections 42, 44, read with section 45A of the Water (Prevention and Control of Pollution) Act, 1974, as amended in 1988. (i) Concealing the facts; (ii) Furnishing false information; and (iii) Contravening the conditions of consent order issued to it."