( 1 ) GUJARAT Pollution Control Board at Gandhinagar has preferred the present appeal through its Law Officer under Sec. 378 (4) of the Code of Criminal procedure, 1973, against the judgment and order of acquittal rendered in Criminal case No. 1193 of 1989 whereby the learned Chief Metropolitan Magistrate, Ahmedabad, under his order dated March 17, 1993, acquitted the respondents-accused of the offences punishable under Secs. 43 and 44 of the Water (Prevention and Control of Pollution) act, 1974, hereinafter referred to as "the said Act".

( 2 ) THE respondent Nos. 2 to 4 are the partners of Divine Intermediates and chemicals, situated at Vatva in Ahmedabad. The respondent-firm has been manufacturing black chemicals in process of which different types of chemicals and water are being used. It is alleged that the respondent-Industry discharged trade effluent without purifying it, in the open gutter of G. I. D. C. , ultimately flowing in the River Khari at village Vinzol and thereby polluting the water of the said river. A complaint was, therefore, lodged against the respondents-accused for the offences under Secs. 43 and 44 of the said Act. It is also the prosecution c