- (1.) Since all the miscellaneous petitions arise out of prosecution lodged by Regional Officer, Jharkhand State Pollution Control Board at Jamshedpur, they are being taken up together for disposal.
(2.) The present petitions have been preferred against the FIR, lodged by Sri Manikkant Prasad (Regional Officer of Jharkhand State Pollution Control Board, Jamshedpur) on different dates against the petitioners on the ground that they were found having stored carry plastic bags in violation of the provisions of Rules 4 and 8 of Plastic Recycling, Sale and Usage Rules, 1999. According to the FIR, the plastic carry bags were less than permissible thickness of 20 microne prepared from recycled plastics, prohibited totally by the Act.
(3.) The State Pollution Control Board in its counter affidavit has submitted that these actions were taken as per directions of the Hon'ble Court passed in WP-PIL No.5397 of 2003 dated 17.2.2006 to ensure compliance of the provisions of the said Act. Earlier the present petitions were adjourned to inform this Court whether the informant has been authorized under the Environment (Protection) Act, 1986 to make such search and seizure and initiate proceeding or not.;