LIPTON INDIA LTD Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER No. 1, M/s. Lipton India Ltd. is a company incorporated under the Indian Companies Act, 1956, having its manufacturing Unit of Vanaspati at G.T. Road, Ghaziabad and petitioner No. 2 was the Factory Engineer of the Unit. This Unit in its process of manufacturing Vanaspati discharges certain trade effluents.

(2.) UNDER the provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Act), no person can discharge trade effluents without the previous consent of the State Board, (constituted under the Act) (hereinafter referred to as the Board), therefore, the petitioner company applied for the consent of the Board for discharging trade effluents until such time that a proper plant for treatment of the trade effluents was made in order to satisfy the provisions of the Act.

(3.) THE aforesaid appeal was filed by the petitioners on 9.6.88 and prior to that, i.e. on 26.5.88, the respondent No. 2 Board filed a complaint case through its Assistant Environmental Engineer, (being Case No. 717 of 1988) in the Court of Chief Judicial Magistrate, Ghaziabad, under Section 200 of the Code of Criminal Procedure for taking suitable action under Section 44 of the Act against petitioner company and its officers viz. Sri Alok Gupta, Factory Engineer, Sri Bipin Ratilala Shah, Chairman, Dr. Ranjan Banerjee, Director, Sri C. J. Mahimkar, Director, Sri P. J. M. Panikar. Director. Sri J. G. H. Thwaites, Director, Sri P. L. Brazier, Director and Sri O. P. Agarwal, Secretary, alleging therein that they have committed offence within the meaning of the provisions of Section 44 of the Act.