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2026 Supreme(Online)(Ker) 16675

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
GRASIM INDUSTRIES LTD BIRLAKOOTAM, MAVOOR, KOZHIKODE DISTRICT – Appellant
Versus
KERALA STATE POLLUTION CONTROL BOARD REGIONAL OFFICE, CHAKKORATHKULAM, KOZHIKODE – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.VIJAYA BHANU (SR.), SRI.P.M.RAFIQ
For the Respondents: SRI SUDHEER.G, PUBLIC PROSECUTOR, SRI.T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD

Table of Content
1. criminal liability under environmental law. (Para 1 , 2 , 3)
2. court's final ruling and reasoning. (Para 4)
3. jurisdiction issues and authority for filing complaints. (Para 5 , 7)
4. legal precedent on authority delegation. (Para 8 , 9)

O R D E R

The petitioner in Crl.R.P No.1940/2005 is a company incorporated under the Companies Act, 1956, engaged in the manufacture of Rayon Grade Pulp and Viscose Staple Fibre. The petitioners in Crl.R.P No.1922/2005 are the President and other managerial office bearers of the above company. They faced criminal prosecution as accused Nos.1 to 4 in C.C No.84/1998 of the Chief Judicial Magistrate Court, Kozhikode, for the commission of offence under Section 44 r/w Section 47 of the Water (Prevention and Control of Pollution) Act, 1974 (hereafter referred as ‘the Act’). The Trial Court convicted the above accused for the commission of the aforesaid offence, and sentenced accused Nos.2 to 5 (petitioners in Crl.R.P No.1922/2005) to simple imprisonment for one and a half years and fine Rs.5,000/- each with a default clause of simple imprisonment for one month. The Appellate Court confirmed the aforesaid conviction and sentence. Aggrie

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