- (1.) PLANT Manager, Antibiotic, Standard Pharmaceuticals Limited, having its factory at 1, D'cruze Garden Lane, Serampore, district Hooghly, has filed the present revisional application under section 401 read with section 482 Cr. P. C. casing in question order dated 3. 5. 84 passed by metropolitan Magistrate, 15th court, Calcutta, in case No. C/1742 of 1982,
(2.) WEST Bengal Prevention and Control of Water Pollution Board constituted under the Water (Prevention and control of Pollution) Act, 1974 (hereinafter to be referred to as the Act for the sake of brevity) filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Calcutta on 22. 5. 82 describing therein two accused namely, accused No. 1 being M/s. Standard Pharmaceuticals Limited having its office at 24, Park Street and the petitioner before us; as the second accused. In the petition of complaint it was alleged that the accused No. 1 being a company carried on the business of manufacturing a variety of medicines, having its factory at 1, D'cruze Garden Lane, P. S. Serampore in the District of Hooghly and accused No. 2 was the Plant Manager of the company and was responsible for the day to day work of the factory. It was alleged that earlier the company applied for consent under sections 25 and 26 of the Act and provisional consent was granted on 11. 9. 79 and the said provisional consent was extended for some time imposing certain general and special conditions requiring the company to adhere to the said conditions strictly. It was alleged that one of the conditions the company was to comply with was to install effective treatment plant within March 1981 and it was alleged that the company did not comply with the said conditions and on 25. 4. 77 a competent officer of the complainant Board impacted the company's factory at the address mentioned earlier and it transpires that during the course of impaction the accused company had systematically neglected and refused to take any measure for treatment of affluent which contains poisonous and noxious properties and such conditions discharge of such affluent harmed wholesomeness of the water of the Railway Jheel, wherein they were discharged. Making the allegations as aforesaid the complainant board filed the complaint under section 44 of the Act.
(3.) ON behalf of the Plant Manager and company an objection was taken regarding the jurisdiction of the court of Metropolitan Magistrate, Calcutta taking cognizance or exercising jurisdiction over the matter. By the order impugned the learned Magistrate has held that the conditional consent was. violated by the company at its factory at Serampore and the offence was committed at Serampore factory of the company; Still he held that consequences of contravention occurred at Calcutta and in view of the provisions of section 179 cr. P. C. the court of Metropolitan Magistrate, Calcutta could exercise effective territorial jurisdiction. In another portion of the impugned order the learned Magistrate has held that the court had ample jurisdiction in view of clauses (b) and (d) of section 178 of the cr. P. C.;