STATE Vs. M SHANMUGAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Chief Judicial Magistrate, Salem in C.C.No.50 of 1986, acquitting the respondents herein, tried for an offence under Sec.21, sub-sec. (2) read with Sec.37 of the Air (Prevention and Control of Pollution) Act, 1981 on the ground that the complaint was barred by limitation.

(2.) THE Member-Secretary, of the Tamil Nadu Pollution Control Board, Madras filed the com plaint against the respondents, for the offence under Sec.21, sub-sec.(2) read with Sec.37 of the above Act (hereinafter referred to as ?the Act?) on the allegation that under Sec.21(1) of the Act no person could without the previous consent of the State Board for the Prevention and Control of Air Pollution constituted under the Act, operate any industrial plant for any industry specified in the Schedule to the Act, that the State Government in G.O.Ms.No.4, Environment Control Department, dated 28.9.1983, in exercise of the powers conferred under Sec.19, subs-sec(1) of the Act, notified with effect from 1.10.1983, the entire area within the State of Tamil Nadu as Air Pollution Control Area for the purposes of the Act, that under Rule 7, sub-rule (2) of the Tamil Nadu Air (Prevention and Control of Pollution) Rules 1983 application for consent under Sec.21, sub-sec.(2) of the Act should be made within six months from 31.3.1984, that the respondents who were bound to get consent did not make any application before 31.3.1984 to the Board for operating their industrial unit and that, therefore the respondents had committed an offence under Sec.21, sub-sec.(2) read with Sec.37 of the Act.

(3.) THE prosecution is for an offence under Sec.21(2) of the Act. THE relevant portion of Sec.21 is as follows: