The judgment emphasizes the importance of specific allegations and evidence to establish vicarious liability and the duty of the magistrate to apply their mind before issuing process against the accused.

1. This petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, wherein, the petitioners have prayed that the order dated 16.01.2007, passed by learned Judicial Magistrate First Class, Ankleshwar in Criminal Inquiry No.96 of 2005, which is subsequently registered as Criminal Case No.218 of 2007 be quashed and set aside.

2. Brief facts leading to the filing of the present cases are That the respondent No.2 has filed complaint being Criminal Case No.218 of 2007 against one AlAas Trade Link and 24 others under Sections 428 and 429 of Indian Penal Code as well as under the provisions of Environment (Protection) Act, 1986 ('the Act, 1986' for short) read with Hazardous Wastes (Management and Handling) Rules, 1989 ('the Rules, 1989' for short).

3.1 In the said complaint, which was filed by the original complainant of Criminal Case No.218 of 2007 against one AlAas Trade Link and 24 others under Sections 428 and 429 of Indian Penal Code as well as under the Act, 1986 read with the Rules, 1989, it is alleged that on 04.12.2005, Deputy Environment Engineer and Scientific Officer visited the sight which was near Tapi Lodge on National Highway No.8, on the receipt of the telephonic message as well as newspaper reports in respect of death of cows on eating grass. At that time Mamlatdar, Ankleshwar and one Ramubhai Bharvad were present there. Said Shri Ramu Bharwad pointed out the place where the cows were grazing. Ramu Bharwad shown some papers and documents of M/s.Lupin Limited, Ankleshwar, which were in his possession, but were not handed over to the officers of the GPCB.

3.2 Both the officers inspected open place and inspected the heap of wastages having grass and other materials. On 13.12.2005, during inquiry, it was revealed that the said plot was belonging to one Thakorebhai who had given the said plot to Ashfak Khan for business. Samples were collected from this heap of waste for laboratory analysis.

3.3 It is further alleged in the said complaint that during inquiry, the officers inspected the premises of M/s.Lupin Limited. They also contacted one Samirbhai of AlAas Trade Link who had informed the officers about purchase of empty drums from ISAGRO (Asia) Agrochemicals Private Limited, situated at Panoli. It is alleged that AlAas Trade Link has not obtained necessary permissions under the Rules from GPCB with respect to the said places. It is alleged in the said complaint that when the officers had visited ISAGRO (Asia) Agrochemicals Private Limited, situated at Panoli, they found the empty drums and Works Manager Shri R.G.Desai was interrogated. It was revealed that empty drums were given to ISAGRO (Asia) Agrochemicals Private Limited on 24.11.2005.

3.4 However, as regards the grass, it was pointed out by the Works Manager that said grass was usually and generally given to Bharvad Sureshbhai, who in turn, was providing milk and curd to canteen of the company.

3.5 It is further stated in the complaint that there was entry noted by Ankleshwar Rural Police Station on 04.12.2005 in respect to the death of cows and it was believed that due to irresponsible and negligent handling of hazardous waste being thrown in the area where the cows were grazing when the death of the cows appeared to have occurred.

3.6 Hence, it is alleged that the persons responsible for throwing hazardous waste in open place are responsible for contravention of provisions of the Environment (Protection) Act, 1986 read with Hazardous Wastes (Management and Handling) Rules, 1989 and under Section 428 and 429 of the Indian Penal Code.

3.7 It is the case of the petitioners that learned Judicial Magistrate First Class, Ankleshwar, passed an order of inquiry under Section 202 of the Code. The concerned Investigating Officer recorded statements of number of witnesses, collected documentary evidences during the course of inquiry and on completion of inquiry submitted his report before the learned Ma