The main legal point established in the judgment is the requirement to make averments in the complaint petition regarding the accused's direct charge and responsibility to the company for the conduct of its business, as well as the necessity of making the company accused in cases where the offence is committed by the company.

PRASHANT KUMAR, J.

1. This application has been filed for quashing the entire criminal proceeding as well as the order of cognizance dated 06.08.2014, passed by Chief Judicial Magistrate, Chaibasa in complaint Case No. C/7-58 of 2014, whereby and whereunder, the prosecution launched against the petitioner under Section 15 of the Environment (Protection) Act 1986.

2. It appears that on the direction of Ministry of Environment and Forest, Government of India, dated 08.05.2013, the State Government has directed the Jharkhand State Pollution Control Board for taking necessary action against Steel Authority of India Ltd. for the irregularities committed by them. Accordingly, Jharkhand State Pollution Control Board, Ranchi authorized its Regional Officer to file a case against the concerned unit in the competent Court. Accordingly, present complaint filed.

3. It is submitted by the learned counsel for the petitioners that as per Section 16 of the Environment (Protection) Act 1986, if the offence is committed by the company, then the company as well as the officer directly in charge of the conduct of business of the company are liable to be punished. It is further submitted that in the instant case, the company has not been made accused, nor there is any averment in the entire complaint petition to show that petitioners are in charge of the conduct of business of the company. Accordingly, it is submitted that the prosecution launched against the petitioners is liable to be quashed.

4. Mrs. Richa Sanchita, learned counsel appearing for the respondent submits that the name of petitioners provided by the company and on the basis of said disclosure, they have been made accused in the complaint petition. Accordingly, she submits that there is no illegality in the prosecution.

5. Having heard the submissions, I have gone through the record of the case. Admittedly, Ministry of Environment and Forest, Government of India and State Government vide their letters dated 08.05.2013 and 20.06.2013 has directed the Jharkhand State Pollution Control Board to take necessary action against the delinquent company under the Environment (Protection) Act 1986. But in the instant case, company has not been made accused, nor there is any averment in the entire complaint petition to show that at the relevant time these petitioners are in-charge of the conduct of the business of the said company. Section 16 of the Environment (Protection) Act 1986 reads as under:-

16. Offences by companies-(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation - For the purposes of this section:-

(a) Company means any body corporate, and includes a firm or other association of individuals.

(b) Director, in relation to a firm, means a partner in the firm.

6. From bare perusal of sub-section 1 of Section 16, it is clear that if the offence is committed by a company, the officer who is dir