Sandeep Mehta, J. - (1.) The instant misc. petition has been preferred by the petitioner challenging the proceedings of the complaint filed by the respondent No. 2 on 22.6.2011 against the petitioner in the Court of Chief Judicial Magistrate, Shri Ganganagar under the provisions of the Environment (Protection) Act, 1986.
(2.) A complaint which was filed against the petitioner in this matter and which is the subject matter of challenge in the instant misc. petition, has been filed by the SDM, Sri Ganganagar with the allegations that the State Government by Notification dated 21.7.2010 has declared the State of Rajasthan to be a plastic carry bag free area and from 1.8.2010 onwards, the use of plastic carry bags manufacture, storage, import, sell or transportation thereof has been banned in the State. The further allegation in the complaint was that acting on the directions of the Collector, Sri Ganganagar, the SDM conducted the search of the premises of the petitioner's firm namely Sachdeva Industries and on the search so being conducted, the machine for the manufacture of the plastic bags was found to be in a running condition and the plastic carry bags were being manufactured therein. The quantity of the plastic bags were also being found stored in the unit and no record about the manufacturing or storage of the plastic bags was found to exist. A complaint to this effect was filed by the SDM, Sri Ganganagar in the Court of Chief Judicial Magistrate, Sri Ganganagar with the allegations that the petitioner violated the provisions of Section 15 of the Environment (Protection) Act and as such, he should be punished therefore.
(3.) Assailing the complaint and all the subsequent proceedings sought to be undertaken against the petitioner, learned counsel for the petitioner submits that as per the Notification dated 21.7.2010, the State Government has authorised and empowered the District Collector and the Regional Officers of the Rajasthan State Pollution Control Board to implement the directions and to file complaints for violation of the Section 19 of the Act. The relevant portion reads as under: "No person including a shopkeeper, vendor wholesaler or retailer, trader, hawker or rehriwala etc., shall use plastic carry bags for supply of goods and further directs that, no person shall manufacture, store, import, sell or transport plastic carry bags in State of Rajasthan w.e.f 1.8.2010. The State Government hereby further directs that the following officers shall implement these directions and file complaints under Section 19 of the Environment (Protection) Act, 1986 using the power delegated to them by Government of India, Ministry of Environment & Forests (MoEF), vide Notification No. S.O. 394(E) dated 16.4.1987." (i) District Collector (ii) Regional Officers of the Rajasthan State Pollution Control Board.;