JUDGMENT

1. Heard learned Counsel for the parties.

2. Rule. Rule made returnable forthwith with the consent of the parties. Learned Counsel appearing for the Respondents, waive notice.

3. In a complaint instituted by the member-secretary, of Goa State Pollution Control Board (GSPCB) under Section 200 of Code of Criminal Procedure (Cr.P.C.) read with Section 43 of Air (Prevention and Control of Pollution) Act, 1981, (Act, for short) (complaint for short), learned Judicial Magistrate First Class 'A' Court, Vasco da Gama, 'issued process', against the respondents-accused under Section 21(5)(v) and 31 (A)(i). punishable under Section 37(1) read with Section 39 of the said Act.

4. In revision, the learned Sessions Judge South Goa, quashed and set aside the order 'issue process'. Thus, aggrieved, GSPCB has questioned the correctness of that order in this Petition.

BACKGROUND FACTS :

5. In the case at hand, subject complaint was filed by the member-secretary, consistent with powers delegated, to him by the GSPCB in its' meeting held on 29th June 2016. Complaint states, that the accused no.1 Company, had handled material coal at berth no. 5a and 6a for the year 2012-13 2013-14, 2014-15 and 2015-