(1.) The present appeal filed by the Punjab State Board for the Prevention and Control of Water Pollution (hereinafter referred as the appellant Board) is directed against the judgment of acquittal dated 10.11.1994, recorded in favour of the accused by the learned Judicial Magistrate 1st Class, Amritsar (for short trial Court) in complaint under Section 44 read with Section 47 of the Water (Prevention and Control of Pollution) Act, 1974. The brief facts of the case noticed in Para 2 of the impugned judgment are being reproduced as under:--
(2.) After recording the preliminary evidence, the accused were summoned under Section 44 read with Section 47 of the Water (Prevention and Control of Pollution) Act, 1974, by the learned Judicial Magistrate 1st Class, Amritsar.
(3.) Upon the accused putting in appearance in the Court, the complainant examined Pardeep Kumar as PW-1 and Paramjit Singh Sidhu, Assistant Environmental Engineer as PW-2, who stated that the accused-Company was found discharging trade effluent to the tune of 1040 kilo litres per day into the Jhabal drain through kacha drain causing stagnation on various points along with Tarn Taran road and back side of the premises and the complainant closed the evidence for the purpose of charge.