K K NANDI Vs. AMITABHA BANERJEE

JUDGEMENT

(1.) THIS is an application under Section 401 and 482 of the Code of Criminal Procedure for quashing a proceeding under Section 44 of the Water (Prevention arid control of Pollution) Act, 1974, pending in the Court of the 6th Metropolitan Magistrate, Calcutta being Case Net. C 1436 of 1982 (State vs. Shaw Wallace and Co. Ltd. and another ).

(2.) THE present application is by the another accused namely, K. K. Nandi. The complaint was lodged by the Executive Engineer No. 1 of West Bengali prevention and Control of Water Pollution Board. The petition of complaint has been made an annexure to the application. The principal allegations set out of the said petition may be stated thus:-

(3.) THE accused No. 1 namely, the company is carrying on the business of manufacturing beer in its factory at bhadrakali in the District of Hooghly and the accused No. 2 (the petitioner herein) is the manager of the company and is responsible for the day to day work of the factory. Under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter, called the said Act) any person discharging any sewage or trade effluent into a stream or well is required to obtain consent of the State Board prior to 'its discharging of sewage or trade effluent into a stream or well. On 7. 7. 1979 and an inspection was held at the factory site of the accused company during; which it transpired that the company had systematically neglected and refused to take any measures for treatment, of the effluent which contains poisonous noxious properties and such continuous discharge of such effluent harmed the where lissome ness of the water of the river hooghly into which the effluent is discharged. The accused persons intentionally and deliberately neglected to fulfill the terms of the conditional consent and abide by the conditions previously imposed in spite of adequate opportunities being provided by the Board in that regard. It is, therefore, complained that the accused persons are liable for prosecution under sections 25 and 26 of the said Act