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Cites 3 docs
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 438(2) in The Code Of Criminal Procedure, 1973
Section 31A in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Jharkhand High Court
Samsuddin Ansari Alias ... vs The State Of Jharkhand on 16 December, 2014
         IN       THE     HIGH    COURT    OF   JHARKHAND                    AT      RANCHI
                            A.B. A. No. 1634 of 2014

         1. Samsuddin Ansari @ Samsuddini Ansari
         2. Ekram Ansari
         3. Md. Tabarak @ Tabarak Ansari                   .....     ... Petitioners
                                    Versus
         The State of Jharkhand                                  ..... ... Opposite Party
                                  --------
                CORAM        :  HON'BLE MR. JUSTICE H. C. MISHRA
                                  ------
         For the Petitioners      :        Mr. Nilesh Kumar, Advocate.
         For the State            :        A.P.P.
                                  --------

11/ 16.12.2014

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrests in connection with Narcopi P.S. Case No. 7 of 2014 corresponding to G.R. No. 1670 of 2014, for the alleged offences under Sections 21-A and 31-A of the Air (Prevention and Control of Pollution) Act, 1981 and Sections 54 and 67 of the Jharkhand Minor Minerals Concession Rules, 2004.

The petitioners are the owners of the crushers. It is alleged that they were running the crushers without the No Objection Certificate under the Air (Prevention and Control of Pollution) Act, but it appears that the FIR has been lodged in the present case, whereas under the provisions of the said Act, the cognizance can be taken, only on the basis of the complaint filed by the competent authority.

In the facts of the case, I am inclined to grant anticipatory bail to the petitioners, Samsuddin Ansari @ Samsuddini Ansari, Ekram Ansari and Md. Tabarak @ Tabarak Ansari. Accordingly, it is directed that in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of Sri S.N. Tiwari, learned Judicial Magistrate, 1st Class, Ranchi, or his successor, in connection with Narcopi P.S. Case No. 7 of 2014 corresponding to G.R. No. 1670 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

( H. C. Mishra, J.) Amitesh/-