- (1.) Leave granted.
(2.) This is an appeal preferred by the Orissa State (Prevention and Control of Pollution) Board (for short, "Board"), against the judgment of the Orissa High Court passed in Criminal Revision, upholding the order passed by the Addl. Sessions Judge, Rourkela, quashing the charges framed against the respondent under S. 37(1) of the Air (Prevention and Control of Pollution) Act, 1981 (for short "the Act").
(3.) According to the prosecution, the respondent Orient Paper Mills Brajraj Nagar, Dist. Sambalpur, engaged in manufacturing of Paper and Paper Board, Caustic Soda and Chlorine etc. is situate in an area which falls within the Air Pollution Control Area, as per Gazette Notifications Nos. 1292 dated 20-7-84, No. 1021 dated 5-8-86 and No. 462 dated 17-3-88. The consent was granted to the respondent by the Board, on 7-3-88 which was valid up to 31-3-89, and it was renewed up to 31-3-91. It was found that the respondent No. 1 was emitting the air pollutants in excess of tolerance limit prescribed in respect of SPM (suspended particulate matter) particularly in boilers No. 9 and 10. The analysis report in regard to the offending emission was communicated to the respondent and the industry was also inspected in connection thereof. Samples of emission were collected again and the Board found that there was still higher concentration of S. P. M. exceeding the standard prescribed for the purpose. The report of the 2nd analysis was also forwarded to the industry. According to the Board the respondent failed to comply with the consent condition thereby committed an offence punishable under S. 37(1) of Air (Prevention and Control of Pollution) Act, 1981. Hence a complaint was filed in the Court of SDJM, Rourkela by the Board against the Respondents.;