The necessity of due application of mind by the appellant-Board before approving the prosecution sanction and the admissibility of evidence.

JUDGMENT

Dr Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. These criminal appeals have been preferred against the impugned judgments dated 09.08.1989, 19.10.2000, 19.08.2002 and 03.12.2002, whereby the learned courts below have acquitted the accused-respondents from the charges levelled against them.

3. Since all the present appeals involve a common issue, therefore, for the sake of brevity, the present adjudication is being made while treating S.B. Criminal appeal No.01/1990, as a lead case.

4. Mr. Manish Shishodia, learned Senior Counsel assisted by Mr.Yash Parihar appearing on behalf of the appellant-Board submits that the appellant is a body corporate and having its perpetual succession under the law. as per learned Senior Counsel, since the complaint has been filed by the Board, therefore, there was no requirement of any prior sanction for doing so.

5. Learned Senior Counsel for the appellant-Board further submits that the criminal complaint was filed for the violation of the provisions of the Water (Prevention and Control of Pollution) act, 1974 (hereinafter referred to as 'act of 1974'), alleging therein the accused-respondents were discharging trade-effluent into the Bandi River without the prior consent of the appellant-Board, thus constituting the offence under the act of 1974.

6. Learned Senior Counsel for the appellant-Board also submits that the accused-respondents were also discharging poisonous noxious and polluting substance in excess of the standards laid down by the appellant-Board, which also constituted an offence under the provisions of the act of 1974.

7. Learned Senior Counsel for the appellant-Board further submits that the complaint was filed through an authorized person, samples in question were taken by the authorized person, samples were sent for necessary analysis in a sealed condition and the same were analyzed and examined by the authorized and competent analyst, and thus, the same was done strictly in accordance with law; hence, it cannot be said that any deviation from the provisions of any law has been made.

8. Learned Senior Counsel for the appellant-Board also submits that the appellant-Board in its meeting held in the year 1979, being competent authority, resolved to launch criminal prosecution against the accused-respondents, in consequence of continued and deliberate violations of the provisions of law by them.

9. Learned Senior Counsel for the appellant-Board further submits that the learned courts below have misinterpreted the provisions of law, while passing the impugned order, as the question of prior sanction is irrelevant when the complaint had been filed by the Board itself, through its authorized representative in his official capacity. as per learned Senior Counsel, the question of sanction arises only when a complaint of like nature is to be filed by a person other than the Board for the violations of the provisions of law, which is not so in the present case.

10. Learned Senior Counsel for the appellant-Board also submits that the learned courts below also erred in law while drawing a conclusion that while resolving to launch the criminal prosecution against the accused-respondents (various industries), the appellant-Board has not made due application of mind; whereas, as per learned Senior Counsel, the appellant-Board in its aforementioned meeting has made due application of mind and made due deliberations, and only upon finding a prima facie case of violations of the provisions of law on the part of the accused-respondents to be made out, the criminal prosecution in question has been initiated against the accused-respondents; such a conscious decision taken by the appellant-Board ought not be interfered with by the learned courts below, particularly, in light of the illegal activities of the