VIVEK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (for short 'the Code'), the two petitioners have moved this Court with prayer to quash the entire criminal proceeding pending against them in connection with Lohardaga P.S. case no. 86 of 2007 for the offence under Section 15 of the Environment (Protection) Act, 1986.

(2.) The prosecution case as it appears from the FIR lodged at the instance of one Abdul Gafar Ansari, the Sanitary Inspector of Lohardaga Municipality in short is that the two shops of the petitioner were inspected by the authority, and from their shops banned plastic bags of less than 20 micron and also less than 8"x 12" of size for delivery of articles were recovered. It is also alleged that two petitioners who are owners of those shops.

(3.) Learned counsel appearing for the petitioner seriously contended that initiation of the proceeding by lodging FIR is itself bad in law in view of the specific provision under Section 19 of the Environment (Protection) Act, 1986 wherein only complaint can be filed before competent court. It was also submitted that Section 2 (d) of the Code of Criminal Procedure defines a complaint which specifically excludes a lodging of FIR and section 19 of the above Act clearly lays down that no court shall take cognizance of an offence under the Environment (Protection) Act, 1986 except on a complaint and since the FIR has been lodged, the entire criminal proceeding is bad in law and deserves to be quashed. It was also submitted that the informant who was the Sanitary Inspector was not competent or authorized under the Act to make a complaint in writing. Learned counsel further relying upon a judgment in a case of Man Mohan Singh and Ors. vs. Kishor Kumar Gandhi & Anr., 2008 2 EastCriC 532 submitted that in the said case, after going through the provision of law, the initiation of the proceeding itself was held to be not sustainable, as the FIR was lodged in contravention of the provision of the Act.