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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Raj Kumar Gupta Sole Proprietor of M/s Kanwarji Raj Kumar – Appellant
Versus
Delhi Pollution Control Committee – Respondent
JUDGMENT :
SWARANA KANTA SHARMA, J
1. The petitioner herein was convicted by the Court of learned ACMM (Spl. Acts), Central, Tis Hazari Courts, Delhi [hereafter "Trial Court"], in case arising out of CC No. 519826/2016, for offences punishable under Sections 24 and 25 read with Section 26 of The Water (Prevention and Control of Pollution) Act, 1974 [hereafter "the Water Act"], vide judgment dated 20.04.2017. Vide order on sentence dated 25.04.2017, the petitioner was sentenced to undergo simple imprisonment for a period of three years along with payment of a total fine of Rs.2 lakhs. The appeal preferred by the petitioner against his conviction and sentence, being CA No. 06/2017, was decided by the court of Special Judge (PC Act), CBI-01, Central, Tis Hazari Courts, Delhi [hereafter "Appellate Court-I"], vide judgment dated 11.08.2017, whereby the conviction was upheld, while the matter was remanded back to the Trial Court for passing a fresh order on the point of sentence. Aggrieved thereby, the respondent Delhi Pollution Control Board [hereafter "DPCC"] challenged the said judgment before this Court by way of CRL.REV.P. 111/2018. This Court, vide judgment dated 19.12.2022, direct
Amendments reducing punishments under the Water Act can benefit pending cases, substituting imprisonment with substantial monetary penalties, reflecting a strict stance against environmental violatio....
The court ruled that a complaint for discharging trade effluent is invalid without proper sampling processes and that evidence must be assessed at trial for factual determinations.
Procedural noncompliance in pollution regulation cases undermines the prosecution's ability to prove guilt beyond a reasonable doubt, leading to acquittal.
The right to a speedy trial is fundamental, and undue delays can justify leniency in sentencing, even when evidence supports conviction.
Cognizance of offences under the Water Act requires strict adherence to the 60-day notice provision, failing which proceedings may be quashed.
The prosecution must prove legally enforceable standards and show compliance with evidential procedures to establish charges under environmental regulations.
Liability under criminal law requires specific roles to be established in the complaint; mere office holding is insufficient for conviction.
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