JUDGMENT :

Challenging the judgment dated 30.07.2015, passed by the Civil Judge and JMFC, Dandeli in CC No.651/2004 acquitting the accused for the offences punishable under Sections 43 and 44 of the Water (Prevention and Control Pollution) Act, 1974 (hereinafter referred to as ‘the Act’ for short), the complainant Karnataka State Pollution Control Board (hereinafter referred to as ‘the Board’ for short) is in appeal.

2. Brief facts leading to this appeal are a private complaint under Section 200 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’ for short) was filed by the Regional Officer – Deputy Environmental Officer, Karwar on 04.08.2004 stating that the complainant is a statutory board constituted under Section 4 of the Act to exercise the powers and perform the functions conferred on it under the Act, through out the State of Karnataka.

3. The accused is the Executive Director of M/s. West Coast Paper Mills Ltd., located at Bangur Nagar, Dandeli. The said Industry is manufacturing paper and duplex board with a capacity of 85500 MTPA. The Industry was permitted for discharge of trade effluents of 64800 KLD, under a consent issued by the Board. The conse