BHARAT SUGAR MILLS LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both these applications, the company M/s Bharat Sugar Mills Ltd through its Vice President is petitioner No. 1 and one B.K.Sureka, Sr. Executive Vice President is petitioner No. 2. Similarly, in both the cases Bihar State Pollution Control Board through its Member Secretary is Opposite party No. 2 who happens to be the complainant in these cases and as such both these applications are heard together.

(2.) In Cr. Misc. No. 21998 of 2008, the petitioners pray for quashing the entire proceedings arising out of Misc. Case No. 24(M)/1987, T.R. No. 126/05 pending in the court of S.D.J.M., Gopalganj cum Special Magistrate for offences under Water (Prevention and Control of Pollution) Act, 1974 including the order dated 15.11.2000 by which non bailable warrant has been issued against the accused persons.

(3.) The fact of the case lies in a narrow compass. The Opposite party No. 2 filed a petition of complaint bearing Complaint Case No. 33(M)/1988 for offences under sections 41, 42, 43 and 44 of the Water (Prevention and Control of Pollution) Act committed during the period from 1.1.1987 on wards. Similarly, other complaint bearing Complaint Case No. 24(M)/1987, which is the subject matter in Cr. Misc. No. 21998 of 2005, was filed by Opposite party No. 2 for offences under section 33 of the Water (Prevention and Control of Pollution) Act for restraining the petitioners from carrying on production in their factory namely M/s Bharat Sugar Mills, Sidhwalia as they were discharging waste water and other trade effluents into the river Ghoghari without any treatment resulting in great apprehension of pollution of water of the aforesaid river Ghoghari.