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SUPREME COURT OF INDIA

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PETITIONER:

U.P. POLLUTION CONTROL BOARD

Vs.

RESPONDENT:

MODI DISTILLERY & ORS.

DATE OF JUDGMENT06/08/1987

BENCH:

SEN, A.P. (J)

BENCH:

SEN, A.P. (J)

NATRAJAN, S. (J)

CITATION:

1988 AIR 1128 1987 SCR (3) 798

1987 SCC (3) 684 JT 1987 (3) 221

1987 SCALE (2)208

ACT:

Water (Prevention and Control of Pollution) Act, 1974:

Ss. 25, 26, 44 & 47--Company--Discharge of trade effluents

without consent of the Board--Commission of offence under

the Act--Officials of the Company whether guilty of

offence----Vicarious responsibility.

Practice and Procedure: Prevention and Control of Pollu-

tion-Launching of prosecution--Need for drafting complaints

with circumspection and without any technical flaw.

HEADNOTE:

The respondent-distillery, an industrial unit of M/s.

Modi Industries Ltd., at Modi Nagar manufacturing industrial

alcohol has been discharging its highly noxious and polluted

trade effluents into the river through a local drain. It

applied to the Pollution Control Board under ss. 25(1) and

26 of the Act on March 27, 1981 for consent of the Board to

discharge its