J.V. PANDYA LAW OFFICER O/B OF GUJARAT POLLUTION CONTROL BOAD Vs. SATYAM INDUSTRIES
HIGH COURT OF GUJARAT
J.V. Pandya Law Officer O/B of Gujarat Pollution Control Boad
Satyam Industries and 3 Ors.
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Rajesh H Shukla, J. -
(1.) THE present appeal under sec. 378 of the Code of Criminal Procedure, 1973, is directed against the impugned judgment and order rendered in Criminal Case No. 2550/1991 by the Judicial Magistrate, First Class, Ankleshwar dated 18th May 1999 recording acquittal for the offences under the Water (Prevention and Control of Pollution) Act, 1974.
(2.) THE facts of the case, briefly stated, are that respondent No. 1 is the industry and respondents Nos. 2 and 3 are the responsible officers in -charge of the affairs of respondent No. 1. It is the case of the prosecution that on 14.11.1990 when the officers of the complainant Gujarat Pollution Control Board visited the premises of respondent No. 1 industry, it was found that affluent water was allowed to flow outside without any treatment resulting in the fertility of the land and also causing hazard to the public health which led to filing of the complaint culminating into the aforesaid Criminal Case No. 2550/91.
On the basis of the complaint the aforesaid case has been registered and the court below proceeded with the trial. In order to bring home the charges levelled against the respondents -original accused, the witnesses were examined and the statements of the respondents original accused were recorded under sec. 313 of Cr.P.C.
(3.) AFTER hearing the learned advocate for the appellant as well as the learned advocate for the respondents accused, the court below recorded acquittal on appreciation of the material and evidence. It is this judgment and order which has been assailed in the present appeal by the appellant Board.;
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