ALBERT DAVID LTD. Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Dr. Salil Kumar Srivastava, the learned counsel for applicant, Sri Gyanendra Singh, learned A.G.A. for the State and Sri Ashok Kumar Verma, the learned counsel for opposite party no.2.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicant has challenged the validity of the summoning order dtd. 25/8/2022 passed by the Special Judicial Magistrate, Pollution/ CBI, Lucknow in Complaint no.1008 of 2020, whereby the applicant- firm and its 7 partners have been summoned to face trial under Sec. 37 of the Air Act.

(3.) On 10/2/2020, the opposite party no. 2 - the U. P. Pollution Control Board (which will hereinafter be referred to as 'the Board') filed a complaint under Sec. 37 of the Air (Prevention and Control of Pollution) Act, 1981 (which will hereinafter be referred to as 'the Air Act'), through an Assistant Environmental Engineer of the Board, against the applicant firm and its 7 partners, stating that by means of an order dtd. 15/2/2018 passed by the Chief Environmental Officer, Circle-1, the applicant - M/s Albert David Ltd was granted consent under Sec. 21 of the Air Act for 06TPH PNG fired boiler, which was valid for the period from 1/1/2018 to 31/12/2019. However, during an inspection made on 6/12/2019, it was found that the applicant had installed a new 8TPH PNG fired boiler and was operating the same without obtaining consent from the Pollution Control Board in violation of Sec. 21 of the Air Act, which was punishable under Sec. 37 of the Air Act.