SUB INSPECTOR OF POLICE Vs. R.S.RAJEESH

JUDGEMENT

(1.) The petitioner filed a case against the respondent and other accused for the offence under Ss. 294(b), 353, 506(ii), 269 & 270 IPC r/w Rule 4 of the Bio-medical Waste Management Rules, 2016 and Rule 8 of Plastic Waste Management Rules, 2016, with the allegation that on 27/5/2023 at 3.30 p.m, they transported the bio-medical waste in the vehicle bearing Registration No.KL21U3709 from Kerala State and dumped into the defacto complainant's village namely, Kuruvankottai in Alangulam-Tirunelveli Road, as against the Rule 8 of the Plastic Waste Management Rules, 2016 and Rule 4 of Bio-medical Waste Management Rules, 2016. The same was questioned by the defacto complainant namely, the Health Inspector. The respondent and other accused criminally intimidated and caused obstruction in discharge of his duties. After ascertaining the transportation of the said bio-medical waste, the defacto complainant seized the vehicle with the help of the public and entrusted the same with the respondent police. Thereafter, the case was registered for the above offences. They also seized the vehicle and produced the same before the jurisdictional Magistrate Court.

(2.) The respondent, owner of the said vehicle filed the Cr.M.P.No. 4751 of 2023 on the file of the learned Judicial Magistrate, Alangulam under Sec. 451 of Cr.P.C., to seek the interim custody of the said vehicle. The learned Judicial Magistrate allowed the application vide impugned order, dtd. 2/8/2023, by imposing condition. Challenging the same, the Inspector of Police filed this revision to set aside the order.

(3.) The learned Additional Public Prosecutor submitted that the biomedical Waste Management Rules, 2016 prescribed a detailed procedure to dispose the bio-medical waste. The Rule further prohibited transportation of the bio-medical waste beyond 75 kms from the hospital. The Rule further prescribes the manner of collection of the disposal and management of the said bio-medical waste. The main object of the said Rule is to protect the environment and to stop the spreading of the multiple dangerous diseases due to the improper management of biomedical waste like dumping the bio-medical waste in the open place etc., The Rule clearly speaks about the generation, collection, reception, storage, transportation, treatment and disposal. The Rule also specifies procedure for segregation of the bio-medical waste and disposal of different variety of the bio-medical waste. Contrary to the same, there was frequent transportation of the bio-medical waste from Kerala State to Tamilnadu State. The same was brought to the knowledge of this Court in Public Interest Litigation in W.P(MD)No.24286 of 2018. During the hearing of the said writ petition, it was submitted that in the TamilnaduKerala State border, both Revenue Officials of the Kerala as well as Tamilnadu State and the jurisdictional police officers did not allow the said bio-medical waste. Number of petty cases were registered against the carrier and also the drivers and the State Government strictly instructed the check-post officials not to allow any sort of transportation of the said bio-medical waste and also curb such activities which affect the environment of the Tamilnadu State.