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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Secretary, Rajasthan Board for Prevention and Control of Pollution, Jaipur – Appellant
Versus
Bansidhar Rameshwardas & Company – Respondent
JUDGMENT :
FARJAND ALI, J.
1. The appellant Rajasthan State Board for Prevention and Control of Water Pollution has preferred the present appeal under Section 378 (1) of the Code of Criminal Procedure assailing the judgment and order dated 25.11.1993 passed by the learned Additional Chief Judicial Magistrate (Environment), Pali in Criminal Complaint No. 5/1992, whereby the respondents–accused M/s Banshidhar Rameshwar Das & Company, its partners Champa Lal and Shyam Lal were acquitted of the offences alleged under Sections 24 , 25 and 26 read with Sections 43 and 44 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter “the Act”). The trial court recorded acquittal by granting benefit of doubt.
2. Learned counsel for the appellant is present and ready to argue the matter. However, none appears on behalf of the respondents. In these circumstances, Ms. Anjali Kaushik, Advocate, is appointed as Amicus Curiae to assist the Court on behalf of the respondents under the Free Legal Aid Scheme of the Rajasthan State Legal Services Authority (RSLSA). Her fee shall be paid by the RSLSA in accordance with its rules. With her valuable assistance, the Court proceeded to adjudic
Procedural noncompliance in pollution regulation cases undermines the prosecution's ability to prove guilt beyond a reasonable doubt, leading to acquittal.
Liability under criminal law requires specific roles to be established in the complaint; mere office holding is insufficient for conviction.
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.
Court emphasized the necessity of compliance with environmental directives to restore and protect local water bodies.
Principles of natural justice must be followed in administrative decisions, granting parties the right to contest allegations, particularly when sanctions affect them materially.
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