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NARENDRA KUMAR JOHARI
M/S. U. P. Pollution Control Board – Appellant
Versus
M/S. P. V. K. Disttillry Nandganj Gazipur – Respondent
JUDGMENT
Narendra Kumar Johari, J.
Heard learned counsel for the appellant on the application for leave to appeal (Crl. Misc. Application No.4573 of 2001).
2. For the facts and reasons, as stated in the accompanying application/affidavit for leave to appeal as well as in the memo of appeal, the application for leave to appeal is allowed.
3. This Criminal Appeal under Section 378 Cr.P.C. has been filed by the appellants against the judgment and order dated 03.03.2001, passed by learned Judicial Magistrate (Pollution), Lucknow in Case No. 52 of 1993 (U.P. Pollution Control Board, Lucknow v. M/s P.V.K. Distillery, Nandganj, Ghazipur through its Managing Director Sri P.K. Tewari). By the impugned judgment and order, learned trial court has discharged the accused persons Maya Pati Tripathi, Prabodh Kumar Tiwari, Ambrish Pati Tripathi, Vijay Kumar Tewari, G.N. Tiwari and P.K. Srivastava under Section 245 Cr.P.C. for the offence under section 41 (2) of The Water (Prevention and Control of Pollution) Act, 1974.
4. The facts of the case, in short, are that U.P. Pollution Control Board had filed a complaint against opposite parties under section 41 (2) of the Water (Prevention and Control of P
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.
Cognizance of offences under the Water Act requires strict adherence to the 60-day notice provision, failing which proceedings may be quashed.
A company must be included as an accused in environmental violation cases for vicarious liability to be applicable to its officers.
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