JUDGMENT :

1. The present appeal, under section 378(5) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31.03.2008 passed by the learned Chief Judicial Magistrate, Vyara, in Criminal Case No. 3509 of 1991, whereby the learned Magistrate has acquitted the respondent - accused from the charges levelled against them.

2. The brief facts of the prosecution case is that the respondent No. 2 is the registered partnership firm and respondents Nos.3 to 8 are partners of such firm, amongst them respondent No.8 is Manager of respondent No.2 firm. It is alleged that respondent Nos.3 to 8 are responsible and liable for day to day affairs of the firm and they are discharging the polluted water without any process or treatment. It is also alleged that respondents are discharging large quantity of polluted wanter and they have not taken proper permission for that. It is alleged that on 20.03.1991 the officers of the Board have visited the premises for inspection and took the sample of effluent water which was sent for analysis and the report had come on 21.04.1991. It is alleged that the Public Analyst submitted the Report and as per the said Rep